text:
H.R. 3684 (117th): Infrastructure Investment and Jobs Act
Jun 4, 2021: Introduced Jun 18, 2021: Preprint (Rule) Jun 22, 2021: Reported by House Committee Jul 1, 2021: Passed the House Jul 13, 2021: Placed on Calendar in the Senate Aug 10, 2021: Passed the Senate with an Amendment Aug 19, 2021: Preprint (Rule) Dec 2, 2021: Passed Congress
(Select Other Version) Jun 4, 2021: Introduced Jun 18, 2021: Preprint (Rule) Jun 22, 2021: Reported by House Committee Jul 1, 2021: Passed the House Jul 13, 2021: Placed on Calendar in the Senate Aug 19, 2021: Preprint (Rule) Dec 2, 2021: Passed Congress
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The text of the bill below is as of Aug 10, 2021 (Passed the Senate with an Amendment).
In the Senate of the United States,
Amendment:
That the bill from the House of Representatives (H.R. 3684) entitled An Act to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. , do pass with the following
Strike all after the enacting clause and insert the following:
Short title; table of contents
This Act may be cited as the Infrastructure Investment and Jobs Act .
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
DIVISION A—Surface Transportation
Sec. 10001. Short title.
Sec. 10002. Definitions.
Sec. 10003. Effective date.
TITLE I—Federal-aid highways
Subtitle A—Authorizations and programs
Sec. 11101. Authorization of appropriations.
Sec. 11102. Obligation ceiling.
Sec. 11104. Apportionment.
Sec. 11105. National highway performance program.
Sec. 11106. Emergency relief.
Sec. 11107. Federal share payable.
Sec. 11108. Railway-highway grade crossings.
Sec. 11109. Surface transportation block grant program.
Sec. 11110. Nationally significant freight and highway projects.
Sec. 11111. Highway safety improvement program.
Sec. 11112. Federal lands transportation program.
Sec. 11113. Federal lands access program.
Sec. 11114. National highway freight program.
Sec. 11115. Congestion mitigation and air quality improvement program.
Sec. 11116. Alaska Highway.
Sec. 11117. Toll roads, bridges, tunnels, and ferries.
Sec. 11118. Bridge investment program.
Sec. 11119. Safe routes to school.
Sec. 11120. Highway use tax evasion projects.
Sec. 11121. Construction of ferry boats and ferry terminal facilities.
Sec. 11122. Vulnerable road user research.
Sec. 11123. Wildlife crossing safety.
Sec. 11124. Consolidation of programs.
Sec. 11125. GAO report.
Sec. 11126. Territorial and Puerto Rico highway program.
Sec. 11127. Nationally significant Federal lands and Tribal projects program.
Sec. 11128. Tribal high priority projects program.
Sec. 11129. Standards.
Sec. 11130. Public transportation.
Sec. 11131. Reservation of certain funds.
Sec. 11132. Rural surface transportation grant program.
Sec. 11133. Bicycle transportation and pedestrian walkways.
Sec. 11134. Recreational trails program.
Sec. 11135. Updates to Manual on Uniform Traffic Control Devices.
Subtitle B—Planning and performance management
Sec. 11201. Transportation planning.
Sec. 11202. Fiscal constraint on long-range transportation plans.
Sec. 11203. State human capital plans.
Sec. 11204. Prioritization process pilot program.
Sec. 11205. Travel demand data and modeling.
Sec. 11206. Increasing safe and accessible transportation options.
Subtitle C—Project delivery and process improvement
Sec. 11301. Codification of One Federal Decision.
Sec. 11302. Work zone process reviews.
Sec. 11303. Transportation management plans.
Sec. 11304. Intelligent transportation systems.
Sec. 11305. Alternative contracting methods.
Sec. 11306. Flexibility for projects.
Sec. 11307. Improved Federal-State stewardship and oversight agreements.
Sec. 11308. Geomatic data.
Sec. 11309. Evaluation of projects within an operational right-of-way.
Sec. 11310. Preliminary engineering.
Sec. 11311. Efficient implementation of NEPA for Federal land management projects.
Sec. 11312. National Environmental Policy Act of 1969 reporting program.
Sec. 11313. Surface transportation project delivery program written agreements.
Sec. 11314. State assumption of responsibility for categorical exclusions.
Sec. 11315. Early utility relocation prior to transportation project environmental review.
Sec. 11316. Streamlining of section 4(f) reviews.
Sec. 11317. Categorical exclusion for projects of limited Federal assistance.
Sec. 11318. Certain gathering lines located on Federal land and Indian land.
Sec. 11319. Annual report.
Subtitle D—Climate change
Sec. 11401. Grants for charging and fueling infrastructure.
Sec. 11402. Reduction of truck emissions at port facilities.
Sec. 11403. Carbon reduction program.
Sec. 11404. Congestion relief program.
Sec. 11405. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program.
Sec. 11406. Healthy Streets program.
Subtitle E—Miscellaneous
Sec. 11501. Additional deposits into Highway Trust Fund.
Sec. 11502. Stopping threats on pedestrians.
Sec. 11503. Transfer and sale of toll credits.
Sec. 11504. Study of impacts on roads from self-driving vehicles.
Sec. 11505. Disaster relief mobilization study.
Sec. 11506. Appalachian Regional Commission.
Sec. 11507. Denali Commission.
Sec. 11508. Requirements for transportation projects carried out through public-private partnerships.
Sec. 11509. Reconnecting communities pilot program.
Sec. 11510. Cybersecurity tool; cyber coordinator.
Sec. 11511. Report on emerging alternative fuel vehicles and infrastructure.
Sec. 11512. Nonhighway recreational fuel study.
Sec. 11513. Buy America.
Sec. 11514. High priority corridors on the National Highway System.
Sec. 11515. Interstate weight limits.
Sec. 11516. Report on air quality improvements.
Sec. 11517. Roadside highway safety hardware.
Sec. 11518. Permeable pavements study.
Sec. 11519. Emergency relief projects.
Sec. 11520. Study on stormwater best management practices.
Sec. 11521. Stormwater best management practices reports.
Sec. 11522. Invasive plant elimination program.
Sec. 11523. Over-the-road bus tolling equity.
Sec. 11524. Bridge terminology.
Sec. 11525. Technical corrections.
Sec. 11526. Working group on covered resources.
Sec. 11527. Blood transport vehicles.
Sec. 11528. Pollinator-friendly practices on roadsides and highway rights-of-way.
Sec. 11529. Active transportation infrastructure investment program.
Sec. 11530. Highway cost allocation study.
TITLE II—Transportation infrastructure finance and innovation
Sec. 12001. Transportation Infrastructure Finance and Innovation Act of 1998 amendments.
Sec. 12002. Federal requirements for TIFIA eligibility and project selection.
TITLE III—Research, technology, and education
Sec. 13001. Strategic innovation for revenue collection.
Sec. 13002. National motor vehicle per-mile user fee pilot.
Sec. 13003. Performance management data support program.
Sec. 13004. Data integration pilot program.
Sec. 13005. Emerging technology research pilot program.
Sec. 13006. Research and technology development and deployment.
Sec. 13007. Workforce development, training, and education.
Sec. 13008. Wildlife-vehicle collision research.
Sec. 13009. Transportation Resilience and Adaptation Centers of Excellence.
Sec. 13010. Transportation access pilot program.
TITLE IV—Indian Affairs
Sec. 14001. Definition of Secretary.
Sec. 14002. Environmental reviews for certain tribal transportation facilities.
Sec. 14003. Programmatic agreements for tribal categorical exclusions.
Sec. 14004. Use of certain tribal transportation funds.
Sec. 14005. Bureau of Indian Affairs road maintenance program.
Sec. 14006. Study of road maintenance on Indian land.
Sec. 14007. Maintenance of certain Indian reservation roads.
Sec. 14008. Tribal transportation safety needs.
Sec. 14009. Office of Tribal Government Affairs.
DIVISION B—Surface Transportation Investment Act of 2021
TITLE I—Multimodal and freight transportation
Subtitle A—Multimodal freight policy
Sec. 21101. Office of Multimodal Freight Infrastructure and Policy.
Sec. 21102. Updates to National Freight Plan.
Sec. 21103. State collaboration with National Multimodal Freight Network.
Sec. 21104. Improving State freight plans.
Sec. 21105. Implementation of National Multimodal Freight Network.
Sec. 21106. Multi-State freight corridor planning.
Sec. 21107. State freight advisory committees.
Subtitle B—Multimodal investment
Sec. 21201. National infrastructure project assistance.
Sec. 21202. Local and regional project assistance.
Sec. 21203. National culvert removal, replacement, and restoration grant program.
Sec. 21204. National multimodal cooperative freight research program.
Sec. 21205. Rural and Tribal infrastructure advancement.
Subtitle C—Railroad rehabilitation and improvement financing reforms
Sec. 21301. RRIF codification and reforms.
Sec. 21302. Substantive criteria and standards.
Sec. 21303. Semiannual report on transit-oriented development eligibility.
TITLE II—Rail
Subtitle A—Authorization of appropriations
Sec. 22101. Grants to Amtrak.
Sec. 22102. Federal Railroad Administration.
Sec. 22103. Consolidated rail infrastructure and safety improvements grants.
Sec. 22104. Railroad crossing elimination program.
Sec. 22105. Restoration and enhancement grants.
Sec. 22106. Federal-State partnership for intercity passenger rail grants.
Sec. 22107. Amtrak Office of Inspector General.
Subtitle B—Amtrak reforms
Sec. 22201. Amtrak findings, mission, and goals.
Sec. 22202. Composition of Amtrak's Board of Directors.
Sec. 22203. Station agents.
Sec. 22204. Increasing oversight of changes to Amtrak long-distance routes and other intercity services.
Sec. 22205. Improved oversight of Amtrak accounting.
Sec. 22206. Improved oversight of Amtrak spending.
Sec. 22207. Increasing service line and asset line plan transparency.
Sec. 22208. Passenger experience enhancement.
Sec. 22209. Amtrak smoking policy.
Sec. 22210. Protecting Amtrak routes through rural communities.
Sec. 22211. State-Supported Route Committee.
Sec. 22212. Enhancing cross border service.
Sec. 22213. Creating quality jobs.
Sec. 22214. Amtrak daily long-distance service study.
Subtitle C—Intercity passenger rail policy
Sec. 22301. Northeast Corridor planning.
Sec. 22302. Northeast Corridor Commission.
Sec. 22303. Consolidated rail infrastructure and safety improvements.
Sec. 22306. Interstate rail compacts.
Sec. 22308. Corridor identification and development program.
Sec. 22309. Surface Transportation Board passenger rail program.
Subtitle D—Rail safety
Sec. 22401. Railway-highway crossings program evaluation.
Sec. 22402. Grade crossing accident prediction model.
Sec. 22403. Periodic updates to highway-rail crossing reports and plans.
Sec. 22404. Blocked crossing portal.
Sec. 22405. Data accessibility.
Sec. 22406. Emergency lighting.
Sec. 22407. Comprehensive rail safety review of Amtrak.
Sec. 22408. Completion of hours of service and fatigue studies.
Sec. 22409. Positive train control study.
Sec. 22410. Operating crew member training, qualification, and certification.
Sec. 22411. Transparency and safety.
Sec. 22412. Research and development.
Sec. 22413. Rail research and development center of excellence.
Sec. 22414. Quarterly report on positive train control system performance.
Sec. 22415. Speed limit action plans.
Sec. 22416. New passenger service pre-revenue safety validation plan.
Sec. 22417. Federal Railroad Administration accident and incident investigations.
Sec. 22418. Civil penalty enforcement authority.
Sec. 22419. Advancing safety and innovative technology.
Sec. 22420. Passenger rail vehicle occupant protection systems.
Sec. 22421. Federal Railroad Administration reporting requirements.
Sec. 22422. National Academies study on trains longer than 7,500 feet.
Sec. 22423. High-speed train noise emissions.
Sec. 22424. Critical incident stress plans.
Sec. 22425. Requirements for railroad freight cars placed into service in the United States.
Sec. 22426. Railroad point of contact for public safety issues.
Sec. 22427. Controlled substances testing for mechanical employees.
TITLE III—Motor carrier safety
Sec. 23002. Motor carrier safety advisory committee.
Sec. 23003. Combating human trafficking.
Sec. 23004. Immobilization grant program.
Sec. 23005. Commercial motor vehicle enforcement training and support.
Sec. 23006. Study of commercial motor vehicle crash causation.
Sec. 23007. Promoting women in the trucking workforce.
Sec. 23008. State inspection of passenger-carrying commercial motor vehicles.
Sec. 23009. Truck Leasing Task Force.
Sec. 23010. Automatic emergency braking.
Sec. 23011. Underride protection.
Sec. 23012. Providers of recreational activities.
Sec. 23013. Amendments to regulations relating to transportation of household goods in interstate commerce.
Sec. 23014. Improving Federal-State motor carrier safety enforcement coordination.
Sec. 23015. Limousine research.
Sec. 23016. National Consumer Complaint Database.
Sec. 23017. Electronic logging device oversight.
Sec. 23018. Transportation of agricultural commodities and farm supplies.
Sec. 23019. Modification of restrictions on certain commercial driver's licenses.
Sec. 23020. Report on human trafficking violations involving commercial motor vehicles.
Sec. 23021. Broker guidance relating to Federal motor carrier safety regulations.
Sec. 23022. Apprenticeship pilot program.
Sec. 23023. Limousine compliance with Federal safety standards.
TITLE IV—Highway and motor vehicle safety
Subtitle A—Highway traffic safety
Sec. 24102. Highway safety programs.
Sec. 24103. Highway safety research and development.
Sec. 24104. High-visibility enforcement programs.
Sec. 24105. National priority safety programs.
Sec. 24106. Multiple substance-impaired driving prevention.
Sec. 24107. Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence.
Sec. 24108. Crash data.
Sec. 24109. Review of Move Over or Slow Down Law public awareness.
Sec. 24110. Review of laws, safety measures, and technologies relating to school buses.
Sec. 24111. Motorcyclist Advisory Council.
Sec. 24112. Safe Streets and Roads for All grant program.
Sec. 24113. Implementation of GAO recommendations.
Subtitle B—Vehicle safety
Sec. 24202. Recall completion.
Sec. 24203. Recall engagement.
Sec. 24204. Motor vehicle seat back safety standards.
Sec. 24205. Automatic shutoff.
Sec. 24206. Petitions by interested persons for standards and enforcement.
Sec. 24207. Child safety seat accessibility study.
Sec. 24208. Crash avoidance technology.
Sec. 24209. Reduction of driver distraction.
Sec. 24210. Rulemaking report.
Sec. 24211. Global harmonization.
Sec. 24212. Headlamps.
Sec. 24213. New Car Assessment Program.
Sec. 24214. Hood and bumper standards.
Sec. 24215. Emergency medical services and 9–1–1.
Sec. 24216. Early warning reporting.
Sec. 24217. Improved vehicle safety databases.
Sec. 24218. National Driver Register Advisory Committee repeal.
Sec. 24219. Research on connected vehicle technology.
Sec. 24220. Advanced impaired driving technology.
Sec. 24221. GAO report on crash dummies.
Sec. 24222. Child safety.
TITLE V—Research and innovation
Sec. 25001. Intelligent Transportation Systems Program Advisory Committee.
Sec. 25002. Smart Community Resource Center.
Sec. 25003. Federal support for local decisionmaking.
Sec. 25004. Bureau of Transportation Statistics.
Sec. 25005. Strengthening mobility and revolutionizing transportation grant program.
Sec. 25006. Electric vehicle working group.
Sec. 25007. Risk and system resilience.
Sec. 25008. Coordination on emerging transportation technology.
Sec. 25009. Interagency Infrastructure Permitting Improvement Center.
Sec. 25010. Rural opportunities to use transportation for economic success initiative.
Sec. 25011. Safety data initiative.
Sec. 25012. Advanced transportation research.
Sec. 25013. Open research initiative.
Sec. 25014. Transportation research and development 5-year strategic plan.
Sec. 25015. Research planning modifications.
Sec. 25016. Incorporation of Department of Transportation research.
Sec. 25017. University transportation centers program.
Sec. 25018. National travel and tourism infrastructure strategic plan.
Sec. 25019. Local hiring preference for construction jobs.
Sec. 25020. Transportation workforce development.
Sec. 25021. Intermodal Transportation Advisory Board repeal.
Sec. 25022. GAO cybersecurity recommendations.
Sec. 25023. Volpe oversight.
Sec. 25024. Modifications to grant program.
Sec. 25025. Drug-impaired driving data collection.
Sec. 25026. Report on marijuana research.
Sec. 25027. GAO study on improving the efficiency of traffic systems.
TITLE VI—Hazardous materials
Sec. 26002. Assistance for local emergency response training grant program.
Sec. 26003. Real-time emergency response information.
TITLE VII—General provisions
Sec. 27001. Performance measurement, transparency, and accountability.
Sec. 27002. Coordination regarding forced labor.
Sec. 27003. Department of Transportation spectrum audit.
Sec. 27004. Study and reports on the travel and tourism activities of the Department.
TITLE VIII—Sport fish restoration and recreational boating safety
Sec. 28001. Sport fish restoration and recreational boating safety.
DIVISION C—Transit
Sec. 30002. Metropolitan transportation planning.
Sec. 30003. Statewide and nonmetropolitan transportation planning.
Sec. 30004. Planning programs.
Sec. 30005. Fixed guideway capital investment grants.
Sec. 30006. Formula grants for rural areas.
Sec. 30007. Public transportation innovation.
Sec. 30008. Bus testing facilities.
Sec. 30009. Transit-oriented development.
Sec. 30010. General provisions.
Sec. 30011. Public transportation emergency relief program.
Sec. 30012. Public transportation safety program.
Sec. 30013. Administrative provisions.
Sec. 30014. National transit database.
Sec. 30015. Apportionment of appropriations for formula grants.
Sec. 30016. State of good repair grants.
Sec. 30017. Authorizations.
Sec. 30018. Grants for buses and bus facilities.
Sec. 30019. Washington Metropolitan Area Transit Authority safety, accountability, and investment.
DIVISION D—Energy
TITLE I—Grid infrastructure and resiliency
Subtitle A—Grid infrastructure resilience and reliability
Sec. 40101. Preventing outages and enhancing the resilience of the electric grid.
Sec. 40102. Hazard mitigation using disaster assistance.
Sec. 40103. Electric grid reliability and resilience research, development, and demonstration.
Sec. 40104. Utility demand response.
Sec. 40105. Siting of interstate electric transmission facilities.
Sec. 40106. Transmission facilitation program.
Sec. 40107. Deployment of technologies to enhance grid flexibility.
Sec. 40108. State energy security plans.
Sec. 40109. State energy program.
Sec. 40110. Power marketing administration transmission borrowing authority.
Sec. 40111. Study of codes and standards for use of energy storage systems across sectors.
Sec. 40112. Demonstration of electric vehicle battery second-life applications for grid services.
Sec. 40113. Columbia Basin power management.
Subtitle B—Cybersecurity
Sec. 40121. Enhancing grid security through public-private partnerships.
Sec. 40122. Energy Cyber Sense program.
Sec. 40123. Incentives for advanced cybersecurity technology investment.
Sec. 40124. Rural and municipal utility advanced cybersecurity grant and technical assistance program.
Sec. 40125. Enhanced grid security.
Sec. 40126. Cybersecurity plan.
Sec. 40127. Savings provision.
TITLE II—Supply chains for clean energy technologies
Sec. 40201. Earth Mapping Resources Initiative.
Sec. 40202. National Cooperative Geologic Mapping Program.
Sec. 40203. National Geological and Geophysical Data Preservation Program.
Sec. 40204. USGS energy and minerals research facility.
Sec. 40205. Rare earth elements demonstration facility.
Sec. 40206. Critical minerals supply chains and reliability.
Sec. 40207. Battery processing and manufacturing.
Sec. 40208. Electric drive vehicle battery recycling and second-life applications program.
Sec. 40209. Advanced energy manufacturing and recycling grant program.
Sec. 40210. Critical minerals mining and recycling research.
Sec. 40211. 21st Century Energy Workforce Advisory Board.
TITLE III—Fuels and technology infrastructure investments
Subtitle A—Carbon capture, utilization, storage, and transportation infrastructure
Sec. 40301. Findings.
Sec. 40302. Carbon utilization program.
Sec. 40303. Carbon capture technology program.
Sec. 40304. Carbon dioxide transportation infrastructure finance and innovation.
Sec. 40305. Carbon storage validation and testing.
Sec. 40306. Secure geologic storage permitting.
Sec. 40307. Geologic carbon sequestration on the outer Continental Shelf.
Sec. 40308. Carbon removal.
Subtitle B—Hydrogen research and development
Sec. 40311. Findings; purpose.
Sec. 40313. Clean hydrogen research and development program.
Sec. 40314. Additional clean hydrogen programs.
Sec. 40315. Clean hydrogen production qualifications.
Subtitle C—Nuclear energy infrastructure
Sec. 40321. Infrastructure planning for micro and small modular nuclear reactors.
Sec. 40322. Property interests relating to certain projects and protection of information relating to certain agreements.
Sec. 40323. Civil nuclear credit program.
Subtitle D—Hydropower
Sec. 40331. Hydroelectric production incentives.
Sec. 40332. Hydroelectric efficiency improvement incentives.
Sec. 40333. Maintaining and enhancing hydroelectricity incentives.
Sec. 40334. Pumped storage hydropower wind and solar integration and system reliability initiative.
Sec. 40335. Authority for pumped storage hydropower development using multiple Bureau of Reclamation reservoirs.
Sec. 40336. Limitations on issuance of certain leases of power privilege.
Sec. 40341. Solar energy technologies on current and former mine land.
Sec. 40342. Clean energy demonstration program on current and former mine land.
Sec. 40343. Leases, easements, and rights-of-way for energy and related purposes on the outer Continental Shelf.
TITLE IV—Enabling energy infrastructure investment and data collection
Subtitle A—Department of Energy loan program
Sec. 40401. Department of Energy loan programs.
Subtitle B—Energy Information Administration
Sec. 40412. Data collection in the electricity sector.
Sec. 40413. Expansion of energy consumption surveys.
Sec. 40414. Data collection on electric vehicle integration with the electricity grids.
Sec. 40415. Plan for the modeling and forecasting of demand for minerals used in the energy sector.
Sec. 40416. Expansion of international energy data.
Sec. 40417. Plan for the National Energy Modeling System.
Sec. 40418. Report on costs of carbon abatement in the electricity sector.
Sec. 40419. Harmonization of efforts and data.
Subtitle C—Miscellaneous
Sec. 40431. Consideration of measures to promote greater electrification of the transportation sector.
Sec. 40432. Office of public participation.
Sec. 40433. Digital climate solutions report.
Sec. 40434. Study and report by the Secretary of Energy on job loss and impacts on consumer energy costs due to the revocation of the permit for the Keystone XL pipeline.
Sec. 40435. Study on impact of electric vehicles.
Sec. 40436. Study on impact of forced labor in China on the electric vehicle supply chain.
TITLE V—Energy efficiency and building infrastructure
Subtitle A—Residential and commercial energy efficiency
Sec. 40502. Energy efficiency revolving loan fund capitalization grant program.
Sec. 40503. Energy auditor training grant program.
Subtitle B—Buildings
Sec. 40511. Cost-effective codes implementation for efficiency and resilience.
Sec. 40512. Building, training, and assessment centers.
Sec. 40513. Career skills training.
Sec. 40514. Commercial building energy consumption information sharing.
Subtitle C—Industrial energy efficiency
PART I—Industry
Sec. 40521. Future of industry program and industrial research and assessment centers.
Sec. 40522. Sustainable manufacturing initiative.
PART II—Smart manufacturing
Sec. 40532. Leveraging existing agency programs to assist small and medium manufacturers.
Sec. 40533. Leveraging smart manufacturing infrastructure at National Laboratories.
Sec. 40534. State manufacturing leadership.
Sec. 40535. Report.
Subtitle D—Schools and nonprofits
Sec. 40541. Grants for energy efficiency improvements and renewable energy improvements at public school facilities.
Sec. 40542. Energy efficiency materials pilot program.
Sec. 40551. Weatherization assistance program.
Sec. 40552. Energy Efficiency and Conservation Block Grant Program.
Sec. 40553. Survey, analysis, and report on employment and demographics in the energy, energy efficiency, and motor vehicle sectors of the United States.
Sec. 40554. Assisting Federal Facilities with Energy Conservation Technologies grant program.
Sec. 40555. Rebates.
Sec. 40556. Model guidance for combined heat and power systems and waste heat to power systems.
TITLE VI—Methane reduction infrastructure
Sec. 40601. Orphaned well site plugging, remediation, and restoration.
TITLE VII—Abandoned mine land reclamation
Sec. 40701. Abandoned Mine Reclamation Fund authorization of appropriations.
Sec. 40702. Abandoned mine reclamation fee.
Sec. 40703. Amounts distributed from Abandoned Mine Reclamation Fund.
Sec. 40704. Abandoned hardrock mine reclamation.
TITLE VIII—Natural resources-related infrastructure, wildfire management, and ecosystem restoration
Sec. 40801. Forest Service Legacy Road and Trail Remediation Program.
Sec. 40802. Study and report on feasibility of revegetating reclaimed mine sites.
Sec. 40803. Wildfire risk reduction.
Sec. 40804. Ecosystem restoration.
Sec. 40805. GAO study.
Sec. 40806. Establishment of fuel breaks in forests and other wildland vegetation.
Sec. 40807. Emergency actions.
Sec. 40808. Joint Chiefs Landscape Restoration Partnership program.
TITLE IX—Western water infrastructure
Sec. 40901. Authorizations of appropriations.
Sec. 40902. Water storage, groundwater storage, and conveyance projects.
Sec. 40903. Small water storage and groundwater storage projects.
Sec. 40904. Critical maintenance and repair.
Sec. 40905. Competitive grant program for large-scale water recycling and reuse program.
Sec. 40906. Drought contingency plan funding requirements.
Sec. 40907. Multi-benefit projects to improve watershed health.
Sec. 40908. Eligible desalination projects.
Sec. 40909. Clarification of authority to use coronavirus fiscal recovery funds to meet a non-Federal matching requirement for authorized Bureau of Reclamation water projects.
Sec. 40910. Federal assistance for groundwater recharge, aquifer storage, and water source substitution projects.
TITLE X—Authorization of appropriations for Energy Act of 2020
Sec. 41001. Energy storage demonstration projects.
Sec. 41002. Advanced reactor demonstration program.
Sec. 41003. Mineral security projects.
Sec. 41004. Carbon capture demonstration and pilot programs.
Sec. 41005. Direct air capture technologies prize competitions.
Sec. 41006. Water power projects.
Sec. 41007. Renewable energy projects.
Sec. 41008. Industrial emissions demonstration projects.
TITLE XI—Wage rate requirements
Sec. 41101. Wage rate requirements.
TITLE XII—Miscellaneous
Sec. 41201. Office of Clean Energy Demonstrations.
Sec. 41202. Extension of Secure Rural Schools and Community Self-Determination Act of 2000.
DIVISION E—Drinking water and wastewater infrastructure
Sec. 50002. Definition of Administrator.
TITLE I—Drinking water
Sec. 50101. Technical assistance and grants for emergencies affecting public water systems.
Sec. 50102. Drinking water State revolving loan funds.
Sec. 50103. Source water petition program.
Sec. 50104. Assistance for small and disadvantaged communities.
Sec. 50105. Reducing lead in drinking water.
Sec. 50106. Operational sustainability of small public water systems.
Sec. 50107. Midsize and large drinking water system infrastructure resilience and sustainability program.
Sec. 50108. Needs assessment for nationwide rural and urban low-income community water assistance.
Sec. 50109. Rural and low-income water assistance pilot program.
Sec. 50110. Lead contamination in school drinking water.
Sec. 50111. Indian reservation drinking water program.
Sec. 50112. Advanced drinking water technologies.
Sec. 50113. Cybersecurity support for public water systems.
Sec. 50114. State response to contaminants.
Sec. 50115. Annual study on boil water advisories.
TITLE II—Clean water
Sec. 50201. Research, investigations, training, and information.
Sec. 50202. Wastewater efficiency grant pilot program.
Sec. 50203. Pilot program for alternative water source projects.
Sec. 50204. Sewer overflow and stormwater reuse municipal grants.
Sec. 50205. Clean water infrastructure resiliency and sustainability program.
Sec. 50206. Small and medium publicly owned treatment works circuit rider program.
Sec. 50207. Small publicly owned treatment works efficiency grant program.
Sec. 50208. Grants for construction and refurbishing of individual household decentralized wastewater systems for individuals with low or moderate income.
Sec. 50209. Connection to publicly owned treatment works.
Sec. 50210. Clean water State revolving funds.
Sec. 50211. Water infrastructure and workforce investment.
Sec. 50212. Grants to Alaska to improve sanitation in rural and Native villages.
Sec. 50213. Water data sharing pilot program.
Sec. 50214. Final rating opinion letters.
Sec. 50215. Water infrastructure financing reauthorization.
Sec. 50216. Small and disadvantaged community analysis.
Sec. 50217. Stormwater infrastructure technology.
Sec. 50218. Water Reuse Interagency Working Group.
Sec. 50219. Advanced clean water technologies study.
Sec. 50220. Clean watersheds needs survey.
Sec. 50221. Water Resources Research Act amendments.
Sec. 50222. Enhanced aquifer use and recharge.
DIVISION F—Broadband
TITLE I—Broadband grants for States, District of Columbia, Puerto Rico, and territories
Sec. 60102. Grants for broadband deployment.
Sec. 60103. Broadband DATA maps.
Sec. 60104. Report on future of Universal Service Fund.
Sec. 60105. Broadband deployment locations map.
TITLE II—Tribal connectivity technical amendments.
Sec. 60201. Tribal connectivity technical amendments.
TITLE III—Digital Equity Act of 2021
Sec. 60303. Sense of Congress.
Sec. 60304. State Digital Equity Capacity Grant Program.
Sec. 60305. Digital Equity Competitive Grant Program.
Sec. 60306. Policy research, data collection, analysis and modeling, evaluation, and dissemination.
TITLE IV—Enabling middle mile broadband infrastructure
Sec. 60401. Enabling middle mile broadband infrastructure.
TITLE V—Broadband affordability
Sec. 60502. Broadband affordability.
Sec. 60503. Coordination with certain other Federal agencies.
Sec. 60504. Adoption of consumer broadband labels.
Sec. 60506. Digital discrimination.
TITLE VI—Telecommunications industry workforce
Sec. 60602. Telecommunications interagency working group.
Sec. 60603. Telecommunications workforce guidance.
Sec. 60604. GAO assessment of workforce needs of the telecommunications industry.
DIVISION G—Other authorizations
TITLE I—Indian Water Rights Settlement Completion Fund
Sec. 70101. Indian Water Rights Settlement Completion Fund.
TITLE II—Wildfire mitigation
Sec. 70203. Establishment of Commission.
Sec. 70204. Duties of Commission.
Sec. 70205. Powers of Commission.
Sec. 70206. Commission personnel matters.
Sec. 70207. Termination of Commission.
TITLE III—Reforestation
Sec. 70302. Reforestation following wildfires and other unplanned events.
TITLE IV—Recycling practices
Sec. 70401. Best practices for battery recycling and labeling guidelines.
Sec. 70402. Consumer recycling education and outreach grant program; Federal procurement.
TITLE V—Bioproduct pilot program
Sec. 70501. Pilot program on use of agricultural commodities in construction and consumer products.
TITLE VI—Cybersecurity
Subtitle A—Cyber Response and Recovery Act
Sec. 70602. Declaration of a significant incident.
Subtitle B—State and Local Cybersecurity Improvement Act
Sec. 70612. State and Local Cybersecurity Grant Program.
TITLE VII—Public-private partnerships
Sec. 70701. Value for money analysis.
TITLE VIII—Federal permitting improvement
Sec. 70801. Federal permitting improvement.
TITLE IX—Build America, Buy America
Subtitle A—Build America, Buy America
PART I—Buy America sourcing requirements
Sec. 70913. Identification of deficient programs.
Sec. 70914. Application of Buy America preference.
Sec. 70915. OMB guidance and standards.
Sec. 70916. Technical assistance partnership and consultation supporting Department of Transportation Buy America requirements.
Sec. 70917. Application.
PART II—Make it in America
Sec. 70921. Regulations relating to Buy American Act.
Sec. 70922. Amendments relating to Buy American Act.
Sec. 70923. Made in America Office.
Sec. 70924. Hollings Manufacturing Extension Partnership activities.
Sec. 70925. United States obligations under international agreements.
Sec. 70927. Prospective amendments to internal cross-references.
Subtitle B—BuyAmerican.gov
Sec. 70933. Sense of Congress on buying American.
Sec. 70934. Assessment of impact of free trade agreements.
Sec. 70935. Judicious use of waivers.
Sec. 70936. Establishment of BuyAmerican.gov website.
Sec. 70937. Waiver Transparency and Streamlining for contracts.
Sec. 70938. Comptroller General report.
Sec. 70939. Rules of construction.
Sec. 70940. Consistency with international agreements.
Subtitle C—Make PPE in America
Sec. 70953. Requirement of long-term contracts for domestically manufactured personal protective equipment.
TITLE X—Asset concessions
Sec. 71001. Asset concessions.
TITLE XI—Clean school buses and ferries
Sec. 71101. Clean school bus program.
Sec. 71102. Electric or low-emitting ferry pilot program.
Sec. 71103. Ferry service for rural communities.
Sec. 71104. Expanding the funding authority for renovating, constructing, and expanding certain facilities.
DIVISION H—Revenue provisions
TITLE I—Highway trust fund
Sec. 80101. Extension of Highway Trust Fund expenditure authority.
Sec. 80102. Extension of highway-related taxes.
Sec. 80103. Further additional transfers to trust fund.
TITLE II—Chemical superfund
Sec. 80201. Extension and modification of certain superfund excise taxes.
TITLE III—Customs user fees
Sec. 80301. Extension of customs user fees.
TITLE IV—Bond Provisions
Sec. 80401. Private activity bonds for qualified broadband projects.
Sec. 80402. Carbon dioxide capture facilities.
Sec. 80403. Increase in national limitation amount for qualified highway or surface freight transportation facilities.
TITLE V—Relief for taxpayers affected by disasters or other critical events
Sec. 80501. Modification of automatic extension of certain deadlines in the case of taxpayers affected by Federally declared disasters.
Sec. 80502. Modifications of rules for postponing certain acts by reason of service in combat zone or contingency operation.
Sec. 80503. Tolling of time for filing a petition with the tax court.
Sec. 80504. Authority to postpone certain tax deadlines by reason of significant fires.
TITLE VI—Other provisions
Sec. 80601. Modification of tax treatment of contributions to the capital of a corporation.
Sec. 80602. Extension of interest rate stabilization.
Sec. 80603. Information reporting for brokers and digital assets.
Sec. 80604. Termination of employee retention credit for employers subject to closure due to COVID–19.
DIVISION I—Other matters
Sec. 90001. Extension of direct spending reductions through fiscal year 2031.
Sec. 90002. Strategic Petroleum Reserve drawdown and sale.
Sec. 90003. Findings regarding unused unemployment insurance funds.
Sec. 90004. Requiring manufacturers of certain single-dose container or single-use package drugs payable under part B of the Medicare program to provide refunds with respect to discarded amounts of such drugs.
Sec. 90005. Extension of enterprise guarantee fees.
Sec. 90006. Moratorium on implementation of rule relating to eliminating the anti-kickback statute safe harbor protection for prescription drug rebates.
Sec. 90007. Rescission of COVID–19 appropriations.
Sec. 90008. Spectrum auctions.
DIVISION J—Appropriations
TITLE I—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES
TITLE II—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
TITLE III—ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
TITLE IV—FINANCIAL SERVICES AND GENERAL GOVERNMENT
TITLE V—DEPARTMENT OF HOMELAND SECURITY
TITLE VI—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
TITLE VII—LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES
TITLE VIII—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
TITLE IX—GENERAL PROVISIONS—THIS DIVISION
DIVISION K—Minority business development
Sec. 100001. Short title.
Sec. 100002. Definitions.
Sec. 100003. Minority Business Development Agency.
TITLE I—Existing initiatives
Subtitle A—Market development, research, and information
Sec. 100101. Private sector development.
Sec. 100102. Public sector development.
Sec. 100103. Research and information.
Subtitle B—Minority Business Development Agency Business Center Program
Sec. 100111. Definition.
Sec. 100112. Purpose.
Sec. 100113. Establishment.
Sec. 100114. Grants and cooperative agreements.
Sec. 100115. Minimizing disruptions to existing MBDA Business Center program.
Sec. 100116. Publicity.
TITLE II—New initiatives to promote economic resiliency for minority businesses
Sec. 100201. Annual diverse business forum on capital formation.
Sec. 100202. Agency study on alternative financing solutions.
Sec. 100203. Educational development relating to management and entrepreneurship.
TITLE III—Rural minority business center program
Sec. 100302. Business centers.
Sec. 100303. Report to Congress.
Sec. 100304. Study and report.
TITLE IV—Minority business development grants
Sec. 100401. Grants to nonprofit organizations that support minority business enterprises.
TITLE V—Minority business enterprises advisory council
Sec. 100502. Composition and term.
Sec. 100503. Duties.
TITLE VI—Federal coordination of minority business programs
Sec. 100601. General duties.
Sec. 100602. Participation of Federal departments and agencies.
TITLE VII—Administrative powers of the Agency; miscellaneous provisions
Sec. 100701. Administrative powers.
Sec. 100702. Federal assistance.
Sec. 100703. Recordkeeping.
Sec. 100704. Review and report by Comptroller General.
Sec. 100705. Biannual reports; recommendations.
Sec. 100706. Separability.
Sec. 100707. Executive Order 11625.
Sec. 100708. Authorization of appropriations.
Except as expressly provided otherwise, any reference to this Act contained in any division of this Act shall be treated as referring only to the provisions of that division.
This division may be cited as the Surface Transportation Reauthorization Act of 2021 .
In this division:
The term Department means the Department of Transportation.
The term Secretary means the Secretary of Transportation.
Except as otherwise provided, this division and the amendments made by this division take effect on October 1, 2021.
Federal-aid highways
Authorizations and programs
Authorization of appropriations
The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
Federal-aid highway program
For the national highway performance program under section 119 of title 23, United States Code, the surface transportation block grant program under section 133 of that title, the highway safety improvement program under section 148 of that title, the congestion mitigation and air quality improvement program under section 149 of that title, the national highway freight program under section 167 of that title, the carbon reduction program under section 175 of that title, to carry out subsection (c) of the PROTECT program under section 176 of that title, and to carry out section 134 of that title—
$52,488,065,375 for fiscal year 2022;
$55,700,754,881 for fiscal year 2025; and
$56,814,769,844 for fiscal year 2026.
Transportation infrastructure finance and innovation program
For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code, $250,000,000 for each of fiscal years 2022 through 2026.
Federal lands and tribal transportation programs
Tribal transportation program
For the tribal transportation program under section 202 of title 23, United States Code—
$578,460,000 for fiscal year 2022;
$612,960,000 for fiscal year 2025; and
$627,960,000 for fiscal year 2026.
Federal lands transportation program
For the Federal lands transportation program under section 203 of title 23, United States Code—
Of the amount made available for a fiscal year under clause (i)—
the amount for the National Park Service is—
(bb)
(dd)
(ee)
the amount for the United States Fish and Wildlife Service is $36,000,000 for each of fiscal years 2022 through 2026; and
the amount for the Forest Service is—
$24,000,000 for fiscal year 2022;
$27,000,000 for fiscal year 2025; and
$28,000,000 for fiscal year 2026.
Federal lands access program
For the Federal lands access program under section 204 of title 23, United States Code—
Territorial and puerto rico highway program
For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code—
Nationally significant freight and highway projects
For nationally significant freight and highway projects under section 117 of title 23, United States Code—
$1,000,000,000 for fiscal year 2022;
Bridge investment program
To carry out the bridge investment program under section 124 of title 23, United States Code—
Congestion relief program
To carry out the congestion relief program under section 129(d) of title 23, United States Code, $50,000,000 for each of fiscal years 2022 through 2026.
Charging and fueling infrastructure grants
To carry out section 151(f) of title 23, United States Code—
Rural surface transportation grant program
To carry out the rural surface transportation grant program under section 173 of title 23, United States Code—
PROTECT grants
To carry out subsection (d) of the PROTECT program under section 176 of title 23, United States Code, for each of fiscal years 2022 through 2026—
Of the amounts made available under clause (i)—
for planning grants under paragraph (3) of that subsection—
for resilience improvement grants under paragraph (4)(A) of that subsection—
for community resilience and evacuation route grants under paragraph (4)(B) of that subsection—
for at-risk coastal infrastructure grants under paragraph (4)(C) of that subsection—
Reduction of truck emissions at port facilities
To carry out the reduction of truck emissions at port facilities under section 11402, $50,000,000 for each of fiscal years 2022 through 2026.
Amounts made available under clause (i) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code.
Nationally significant Federal lands and Tribal projects
To carry out the nationally significant Federal lands and tribal projects program under section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114–94), $55,000,000 for each of fiscal years 2022 through 2026.
In addition to amounts made available under paragraph (1)(A), there are authorized to be appropriated to carry out the bridge investment program under section 124 of title 23, United States Code—
Amounts made available under clause (i) shall be allocated in the same manner as if made available under paragraph (1)(A).
Nationally significant Federal lands and Tribal projects program
In addition to amounts made available under paragraph (1)(G), there is authorized to be appropriated to carry out section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114–94) $300,000,000 for each of fiscal years 2022 through 2026.
Healthy Streets program
There is authorized to be appropriated to carry out the Healthy Streets program under section 11406 $100,000,000 for each of fiscal years 2022 through 2026.
Transportation Resilience and Adaptation Centers of Excellence
There is authorized to be appropriated to carry out section 520 of title 23, United States Code, $100,000,000 for each of fiscal years 2022 through 2026.
Open challenge and research proposal pilot program
There is authorized to be appropriated to carry out the open challenge and research proposal pilot program under section 13006(e) $15,000,000 for each of fiscal years 2022 through 2026.
Research, technology, and education authorizations
Highway research and development program
To carry out section 503(b) of title 23, United States Code, $147,000,000 for each of fiscal years 2022 through 2026.
Technology and innovation deployment program
To carry out section 503(c) of title 23, United States Code, $110,000,000 for each of fiscal years 2022 through 2026.
To carry out section 504 of title 23, United States Code—
Intelligent transportation systems program
To carry out sections 512 through 518 of title 23, United States Code, $110,000,000 for each of fiscal years 2022 through 2026.
University transportation centers program
To carry out section 5505 of title 49, United States Code—
Bureau of transportation statistics
To carry out chapter 63 of title 49, United States Code—
The Federal Highway Administration shall—
administer the programs described in subparagraphs (A), (B), and (C) of paragraph (1); and
in consultation with relevant modal administrations, administer the programs described in paragraph (1)(D).
Applicability of title 23, United States Code
Amounts authorized to be appropriated by paragraph (1) shall—
be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this division (including the amendments by this division) or otherwise determined by the Secretary; and
remain available until expended and not be transferable, except as otherwise provided by this division.
Wildlife crossings pilot program
For the wildlife crossings pilot program under section 171 of title 23, United States Code—
Prioritization process pilot program
For the prioritization process pilot program under section 11204, $10,000,000 for each of fiscal years 2022 through 2026.
Amounts made available under subparagraph (A) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code.
Reconnecting communities pilot program
Planning grants
For planning grants under the reconnecting communities pilot program under section 11509(c), $30,000,000 for each of fiscal years 2022 through 2026.
Capital construction grants
For capital construction grants under the reconnecting communities pilot program under section 11509(d)—
Amounts made available under subparagraph (A) or (B) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code, except that those amounts shall remain available until expended.
Disadvantaged business enterprises
Congress finds that—
while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in Federally assisted surface transportation markets across the United States;
the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program;
Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts alone are insufficient to address the problem;
the testimony and documentation described in subparagraph (C) demonstrate that discrimination across the United States poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and
the testimony and documentation described in subparagraph (C) provide a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business.
In this subsection:
Small business concern
The term small business concern means a small business concern (as the term is used in section 3 of the Small Business Act (15 U.S.C. 632)).
The term small business concern does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $26,290,000, as adjusted annually by the Secretary for inflation.
Socially and economically disadvantaged individuals
The term socially and economically disadvantaged individuals has the meaning given the term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection.
Amounts for small business concerns
Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under this division (other than section 14004), division C, and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals.
Annual listing of disadvantaged business enterprises
Each State shall annually—
survey and compile a list of the small business concerns referred to in paragraph (3) in the State, including the location of the small business concerns in the State; and
notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by—
women;
socially and economically disadvantaged individuals (other than women); and
individuals who are women and are otherwise socially and economically disadvantaged individuals.
Uniform certification
The Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection.
The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern—
on-site visits;
personal interviews with personnel;
issuance or inspection of licenses;
analyses of stock ownership;
listings of equipment;
analyses of bonding capacity;
listings of work completed;
examination of the resumes of principal owners;
analyses of financial capacity; and
analyses of the type of work preferred.
The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary—
information concerning disadvantaged business enterprise awards, commitments, and achievements; and
such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program.
Compliance with court orders
Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under this division, division C, and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (3) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (3) is unconstitutional.
Sense of congress on prompt payment of DBE subcontractors
It is the sense of Congress that—
the Secretary should take additional steps to ensure that recipients comply with section 26.29 of title 49, Code of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding Federally funded transportation contracts under laws and regulations administered by the Secretary; and
such additional steps should include increasing the ability of the Department to track and keep records of complaints and to make that information publicly available.
Obligation ceiling
General limitation
Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed—
The limitations under subsection (a) shall not apply to obligations under or for—
section 125 of title 23, United States Code;
section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701);
subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119);
subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198);
sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027);
section 157 of title 23, United States Code (as in effect on June 8, 1998);
section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years);
Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used;
section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation;
section 119 of title 23, United States Code (as in effect for fiscal years 2016 through 2021, but only in an amount equal to $639,000,000 for each of those fiscal years); and
section 119 of title 23, United States Code (but, for fiscal years 2022 through 2026, only in an amount equal to $639,000,000 for each of those fiscal years).
Distribution of obligation authority
For each of fiscal years 2022 through 2026, the Secretary—
shall not distribute obligation authority provided by subsection (a) for the fiscal year for—
amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and
amounts authorized for the Bureau of Transportation Statistics;
shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts—
made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and
for which obligation authority was provided in a previous fiscal year;
shall determine the proportion that—
the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to
the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (13) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(14) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection;
shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this division and title 23, United States Code, or apportioned by the Secretary under section 202 or 204 of that title, by multiplying—
the proportion determined under paragraph (3); by
the amounts authorized to be appropriated for each such program for the fiscal year; and
shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(14) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that—
amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to
the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year.
Redistribution of unused obligation authority
Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2022 through 2026—
revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and
redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141; 126 Stat. 405)) and 104 of title 23, United States Code.
Applicability of obligation limitations to transportation research programs
Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under chapter 5 of title 23, United States Code.
Obligation authority made available under paragraph (1) shall—
remain available for a period of 4 fiscal years; and
be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
Redistribution of certain authorized funds
Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2022 through 2026, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that—
are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and
the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year.
Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5).
Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code.
Section 101(a) of title 23, United States Code, is amended—
in paragraph (4)—
in subparagraph (A), by inserting assessing resilience, after surveying, ;
in subparagraph (G), by striking and at the end;
by redesignating subparagraph (H) as subparagraph (I); and
by inserting after subparagraph (G) the following:
improvements that reduce the number of wildlife-vehicle collisions, such as wildlife crossing structures; and
by redesignating paragraphs (17) through (34) as paragraphs (18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (35), and (36), respectively;
by inserting after paragraph (16) the following:
The term natural infrastructure means infrastructure that uses, restores, or emulates natural ecological processes and—
is created through the action of natural physical, geological, biological, and chemical processes over time;
is created by human design, engineering, and construction to emulate or act in concert with natural processes; or
involves the use of plants, soils, and other natural features, including through the creation, restoration, or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff, to attenuate flooding and storm surges, and for other related purposes.
by inserting after paragraph (23) (as so redesignated) the following:
The term resilience, with respect to a project, means a project with the ability to anticipate, prepare for, or adapt to conditions or withstand, respond to, or recover rapidly from disruptions, including the ability—
to resist hazards or withstand impacts from weather events and natural disasters; or
to reduce the magnitude or duration of impacts of a disruptive weather event or natural disaster on a project; and
to have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to weather events or other natural disasters.
; and
in subparagraph (A) of paragraph (32) (as so redesignated)—
by striking the period at the end and inserting ; and ;
by striking through the implementation and inserting the following: "through—
the implementation
by adding at the end the following:
the consideration of incorporating natural infrastructure.
Section 104(a)(1) of title 23, United States Code, is amended by striking subparagraphs (A) through (E) and inserting the following:
Division among programs of State share
Section 104(b) of title 23, United States Code, is amended in subsection (b)—
in the matter preceding paragraph (1), by inserting the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, before and to carry out section 134 ;
in paragraph (1), by striking 63.7 percent and inserting 59.0771195921461 percent ;
in paragraph (3), by striking 7 percent and inserting 6.70605141316253 percent ;
by striking paragraph (4) and inserting the following:
Congestion mitigation and air quality improvement program
For the congestion mitigation and air quality improvement program, an amount determined for the State under subparagraphs (B) and (C).
The total amount for the congestion mitigation and air quality improvement program for all States shall be—
$2,691,744,332 for fiscal year 2025; and
$2,745,579,213 for fiscal year 2026.
State share
For each fiscal year, the Secretary shall distribute among the States the total amount for the congestion mitigation and air quality improvement program under subparagraph (B) so that each State receives an amount equal to the proportion that—
the amount apportioned to the State for the congestion mitigation and air quality improvement program for fiscal year 2020; bears to
the total amount of funds apportioned to all States for that program for fiscal year 2020.
by striking subparagraph (B) and inserting the following:
The total amount set aside for the national highway freight program for all States shall be—
by striking subparagraph (D); and
Metropolitan planning
To carry out section 134, an amount determined for the State under subparagraphs (B) and (C).
The total amount for metropolitan planning for all States shall be—
$ 438,121,139 for fiscal year 2022;
For each fiscal year, the Secretary shall distribute among the States the total amount to carry out section 134 under subparagraph (B) so that each State receives an amount equal to the proportion that—
the amount apportioned to the State to carry out section 134 for fiscal year 2020; bears to
the total amount of funds apportioned to all States to carry out section 134 for fiscal year 2020.
Carbon reduction program
For the carbon reduction program under section 175, 2.56266964565637 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).
PROTECT formula program
To carry out subsection (c) of the PROTECT program under section 176, 2.91393900690991 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).
Calculation of amounts
Section 104(c) of title 23, United States Code, is amended—
in the matter preceding subparagraph (A), by striking each of fiscal years 2016 through 2020 and inserting fiscal year 2022 and each fiscal year thereafter ;
in subparagraph (A)—
by striking clause (i) and inserting the following:
the base apportionment; by
in clause (ii)(I), by striking fiscal year 2015 and inserting fiscal year 2021 ; and
Guaranteed amounts
The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment that is—
equal to at least 95 percent of the estimated tax payments paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available that are—
attributable to highway users in the State; and
associated with taxes in effect on July 1, 2019, and only up to the rate those taxes were in effect on that date;
at least 2 percent greater than the apportionment that the State received for fiscal year 2021; and
at least 1 percent greater than the apportionment that the State received for the previous fiscal year.
by striking fiscal years 2016 through 2020 and inserting fiscal year 2022 and each fiscal year thereafter ; and
by inserting the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, before and to carry out section 134 .
Section 104(d)(1)(A) of title 23, United States Code, is amended by striking paragraphs (5)(D) and (6) of subsection (b) each place it appears and inserting subsection (b)(6) .
Supplemental funds
Section 104 of title 23, United States Code, is amended by striking subsection (h).
Base apportionment defined
Section 104 of title 23, United States Code, is amended—
by redesignating subsection (i) as subsection (h); and
in subsection (h) (as so redesignated)—
by striking means in the matter preceding paragraph (1) and all that follows through the combined amount in paragraph (1) and inserting means the combined amount ;
by striking and to carry out section 134; minus and inserting the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134. ; and
by striking paragraph (2).
National highway performance program
in subsection (b)—
in paragraph (2), by striking and at the end;
in paragraph (3), by striking the period at the end and inserting ; and ; and
to provide support for activities to increase the resiliency of the National Highway System to mitigate the cost of damages from sea level rise, extreme weather events, flooding, wildfires, or other natural disasters.
in subsection (d)(2), by adding at the end the following:
(Q)
Undergrounding public utility infrastructure carried out in conjunction with a project otherwise eligible under this section.
(R)
Resiliency improvements on the National Highway System, including protective features described in subsection (k)(2).
Implement activities to protect segments of the National Highway System from cybersecurity threats.
in subsection (e)(4)(D), by striking analysis and inserting analyses, both of which shall take into consideration extreme weather and resilience ; and
Protective features
A State may use not more than 15 percent of the funds apportioned to the State under section 104(b)(1) for each fiscal year for 1 or more protective features on a Federal-aid highway or bridge not on the National Highway System, if the protective feature is designed to mitigate the risk of recurring damage or the cost of future repairs from extreme weather events, flooding, or other natural disasters.
Protective features described
A protective feature referred to in paragraph (1) includes—
raising roadway grades;
relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas;
stabilizing slide areas;
stabilizing slopes;
lengthening or raising bridges to increase waterway openings;
increasing the size or number of drainage structures;
replacing culverts with bridges or upsizing culverts;
installing seismic retrofits on bridges;
adding scour protection at bridges, installing riprap, or adding other scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes; and
the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events, flooding, or other natural disasters.
Savings provision
Nothing in this subsection limits the ability of a State to carry out a project otherwise eligible under subsection (d) using funds apportioned under section 104(b)(1).
in subsection (a)(1), by inserting wildfire, after severe storm, ;
by striking subsection (b) and inserting the following:
Restriction on eligibility
Funds under this section shall not be used for the repair or reconstruction of a bridge that has been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration.
in subsection (d)—
in paragraph (2)(A)—
by striking a facility that meets the current and inserting the following: "a facility that—
meets the current
incorporates economically justifiable improvements that will mitigate the risk of recurring damage from extreme weather, flooding, and other natural disasters.
by redesignating paragraph (3) as paragraph (4); and
by inserting after paragraph (2) the following:
The cost of an improvement that is part of a project under this section shall be an eligible expense under this section if the improvement is a protective feature that will mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters.
A protective feature referred to in subparagraph (A) includes—
relocating roadways in a floodplain to higher ground above projected flood elevation levels or away from slide prone areas;
the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters.
Federal share payable
in subsection (c)—
in paragraph (1), in the first sentence, by inserting vehicle-to-infrastructure communication equipment, after breakaway utility poles, ;
in subparagraph (3)(B)—
in clause (v), by striking or at the end;
by redesignating clause (vi) as clause (vii); and
by inserting after clause (v) the following:
contractual provisions that provide safety contingency funds to incorporate safety enhancements to work zones prior to or during roadway construction activities; or
Pooled funding
Notwithstanding any other provision of law, the Secretary may waive the non-Federal share of the cost of a project or activity under section 502(b)(6) that is carried out with amounts apportioned under section 104(b)(2) after considering appropriate factors, including whether—
decreasing or eliminating the non-Federal share would best serve the interests of the Federal-aid highway program; and
the project or activity addresses national or regional high priority research, development, and technology transfer problems in a manner that would benefit multiple States or metropolitan planning organizations.
in subsection (e)—
in paragraph (1), by striking 180 days and inserting 270 days ; and
in paragraph (4), by striking permanent ; and
Federal share flexibility pilot program
Not later than 180 days after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall establish a pilot program (referred to in this subsection as the pilot program ) to give States additional flexibility with respect to the Federal requirements under this section.
Notwithstanding any other provision of law, a State participating in the pilot program (referred to in this subsection as a participating State ) may determine the Federal share on a project, multiple-project, or program basis for projects under any of the following:
The national highway performance program under section 119.
The surface transportation block grant program under section 133.
The highway safety improvement program under section 148.
The congestion mitigation and air quality improvement program under section 149.
The national highway freight program under section 167.
The carbon reduction program under section 175.
Subsection (c) of the PROTECT program under section 176.
Maximum Federal share
Subject to clause (iii), the Federal share of the cost of an individual project carried out under a program described in subparagraph (A) by a participating State and to which the participating State is applying the Federal share requirements under the pilot program may be up to 100 percent.
Minimum Federal share
No individual project carried out under a program described in subparagraph (A) by a participating State and to which the participating State is applying the Federal share requirements under the pilot program shall have a Federal share of 0 percent.
The average annual Federal share of the total cost of all projects authorized under a program described in subparagraph (A) to which a participating State is applying the Federal share requirements under the pilot program shall be not more than the average of the maximum Federal share of those projects if those projects were not carried out under the pilot program.
A State seeking to be a participating State shall—
submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require; and
have in place adequate financial controls to allow the State to determine the average annual Federal share requirements under the pilot program.
For each of fiscal years 2022 through 2026, the Secretary shall select not more than 10 States to be participating States.
Railway-highway grade crossings
Section 130(e) of title 23, United States Code, is amended—
in the heading, by striking protective devices and inserting railway-Highway grade crossings ; and
in subparagraph (A), by striking and the installation of protective devices at railway-highway crossings in the matter preceding clause (i) and all that follows through 2020. in clause (v) and inserting the following: , the installation of protective devices at railway-highway crossings, the replacement of functionally obsolete warning devices, and as described in subparagraph (B), not less than $245,000,000 for each of fiscal years 2022 through 2026. ; and
Reducing trespassing fatalities and injuries
A State may use funds set aside under subparagraph (A) for projects to reduce pedestrian fatalities and injuries from trespassing at grade crossings.
Federal share
Section 130(f)(3) of title 23, United States Code, is amended by striking 90 percent and inserting 100 percent .
Incentive payments for at-grade crossing closures
Section 130(i)(3)(B) of title 23, United States Code, is amended by striking $7,500 and inserting $100,000 .
Expenditure of funds
Section 130(k) of title 23, United States Code, is amended by striking 2 percent and inserting 8 percent .
GAO study
Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes an analysis of the effectiveness of the railway-highway crossings program under section 130 of title 23, United States Code.
Sense of Congress relating to trespasser deaths along railroad rights-of-way
It is the sense of Congress that the Department should, where feasible, coordinate departmental efforts to prevent or reduce trespasser deaths along railroad rights-of-way and at or near railway-highway crossings.
Surface transportation block grant program
in subparagraph (B)—
by adding or at the end;
by striking facilities eligible and inserting the following: "facilities—
that are eligible
that are privately or majority-privately owned, but that the Secretary determines provide a substantial public transportation benefit or otherwise meet the foremost needs of the surface transportation system described in section 101(b)(3)(D);
in subparagraph (E), by striking and at the end;
in subparagraph (F), by striking the period at the end and inserting ; and ; and
wildlife crossing structures.
in paragraph (3), by inserting 148(a)(4)(B)(xvii), after 119(g), ;
by redesignating paragraphs (4) through (15) as paragraphs (5), (6), (7), (8), (9), (10), (11), (12), (13), (20), (21), and (22), respectively;
in paragraph (5) (as so redesignated), by striking railway-highway grade crossings and inserting projects eligible under section 130 and installation of safety barriers and nets on bridges ;
in paragraph (7) (as so redesignated)—
by inserting including the maintenance and restoration of existing recreational trails, after section 206 ; and
by striking the safe routes to school program under section 1404 of SAFETEA–LU (23 U.S.C. 402 note) and inserting the safe routes to school program under section 208 ;
Projects and strategies designed to reduce the number of wildlife-vehicle collisions, including project-related planning, design, construction, monitoring, and preventative maintenance.
The installation of electric vehicle charging infrastructure and vehicle-to-grid infrastructure.
The installation and deployment of current and emerging intelligent transportation technologies, including the ability of vehicles to communicate with infrastructure, buildings, and other road users.
Planning and construction of projects that facilitate intermodal connections between emerging transportation technologies, such as magnetic levitation and hyperloop.
Protective features, including natural infrastructure, to enhance the resilience of a transportation facility otherwise eligible for assistance under this section.
Measures to protect a transportation facility otherwise eligible for assistance under this section from cybersecurity threats.
Rural barge landing, dock, and waterfront infrastructure projects in accordance with subsection (j).
Projects to enhance travel and tourism.
in paragraph (2), by striking paragraphs (4) through (11) and inserting paragraphs (5) through (15) and paragraph (23) ;
for a bridge project for the replacement of a low water crossing (as defined by the Secretary) with a bridge; and
in the matter preceding subparagraph (A), by striking reservation and inserting set aside ; and
in the matter preceding clause (i), by striking the percentage specified in paragraph (6) for a fiscal year and inserting 55 percent for each of fiscal years 2022 through 2026 ; and
by striking clauses (ii) and (iii) and inserting the following:
in urbanized areas of the State with an urbanized area population of not less than 50,000 and not more than 200,000;
in urban areas of the State with a population not less than 5,000 and not more than 49,999; and
in other areas of the State with a population less than 5,000; and
Local consultation
Consultation with metropolitan planning organizations
For purposes of clause (ii) of paragraph (1)(A), a State shall—
establish a process to consult with all metropolitan planning organizations in the State that represent an urbanized area described in that clause; and
describe how funds allocated for areas described in that clause will be allocated equitably among the applicable urbanized areas during the period of fiscal years 2022 through 2026.
Consultation with regional transportation planning organizations
For purposes of clauses (iii) and (iv) of paragraph (1)(A), before obligating funding attributed to an area with a population less than 50,000, a State shall consult with the regional transportation planning organizations that represent the area, if any.
by striking paragraph (6);
in subsection (e)(1), in the matter preceding subparagraph (A), by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 ;
in subsection (f)—
by inserting or low water crossing (as defined by the Secretary) after a highway bridge ; and
by inserting or low water crossing (as defined by the Secretary) after other than a bridge ;
by striking activities described in subsection (b)(2) for off-system bridges and inserting activities described in paragraphs (1)(A) and (10) of subsection (b) for off-system bridges, projects and activities described in subsection (b)(1)(A) for the replacement of low water crossings with bridges, and projects and activities described in subsection (b)(10) for low water crossings (as defined by the Secretary), ; and
by striking 15 percent and inserting 20 percent ; and
in paragraph (3), in the matter preceding subparagraph (A)—
by striking bridge or rehabilitation of a bridge and inserting bridge, rehabilitation of a bridge, or replacement of a low water crossing (as defined by the Secretary) with a bridge ; and
by inserting or, in the case of a replacement of a low water crossing with a bridge, is determined by the Secretary on completion to have improved the safety of the location after no longer a deficient bridge ;
in subsection (g)—
in the subsection heading, by striking less than 5,000 and inserting less than 50,000 ; and
Notwithstanding subsection (c), and except as provided in paragraph (2), up to 15 percent of the amounts required to be obligated by a State under clauses (iii) and (iv) of subsection (d)(1)(A) for each fiscal year may be obligated on—
roads functionally classified as rural minor collectors or local roads; or
on critical rural freight corridors designated under section 167(e).
Rural barge landing, dock, and waterfront infrastructure projects
A State may use not more than 5 percent of the funds apportioned to the State under section 104(b)(2) for eligible rural barge landing, dock, and waterfront infrastructure projects described in paragraph (2).
An eligible rural barge landing, dock, or waterfront infrastructure project referred to in paragraph (1) is a project for the planning, designing, engineering, or construction of a barge landing, dock, or other waterfront infrastructure in a rural community or a Native village (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)) that is off the road system.
Projects in rural areas
Notwithstanding subsection (c), in addition to the activities described in subsections (b) and (g), of the amounts apportioned to a State for each fiscal year to carry out this section, not more than 15 percent may be—
used on eligible projects under subsection (b) or maintenance activities on roads functionally classified as rural minor collectors or local roads, ice roads, or seasonal roads; or
transferred to—
the Appalachian Highway System Program under 14501 of title 40; or
the Denali access system program under section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277).
Savings clause
Amounts allocated under subsection (d) shall not be used to carry out this subsection, except at the request of the applicable metropolitan planning organization.
Set-aside
Section 133(h) of title 23, United States Code, is amended—
in the heading, by striking Reservation of funds and inserting In general ; and
in the matter preceding subparagraph (A), by striking for each fiscal year and all that follows through and at the end of subparagraph (A)(ii) and inserting the following: "for fiscal year 2022 and each fiscal year thereafter—
the Secretary shall set aside an amount equal to 10 percent to carry out this subsection; and
Allocation within a State
Except as provided in subparagraph (B), funds set aside for a State under paragraph (1) shall be obligated within that State in the manner described in subsection (d), except that, for purposes of this paragraph (after funds are made available under paragraph (5))—
for fiscal year 2022 and each fiscal year thereafter, the percentage referred to in paragraph (1)(A) of that subsection shall be deemed to be 59 percent; and
paragraph (3) of subsection (d) shall not apply.
Local control
A State may allocate up to 100 percent of the funds referred to in subparagraph (A)(i) if—
the State submits to the Secretary a plan that describes—
how funds will be allocated to counties, metropolitan planning organizations, regional transportation planning organizations as described in section 135(m), or local governments;
how the entities described in subclause (I) will carry out a competitive process to select projects for funding and report selected projects to the State;
the legal, financial, and technical capacity of the entities described in subclause (I);
how input was gathered from the entities described in subclause (I) to ensure those entities will be able to comply with the requirements of this subsection; and
how the State will comply with paragraph (8); and
the Secretary approves the plan submitted under clause (i).
Funds set aside under this subsection may be obligated for—
projects or activities described in section 101(a)(29) or 213, as those provisions were in effect on the day before the date of enactment of the FAST Act (Public Law 114–94; 129 Stat. 1312);
projects and activities under the safe routes to school program under section 208; and
activities in furtherance of a vulnerable road user safety assessment (as defined in section 148(a)).
by striking subparagraph (A);
by redesignating subparagraph (B) as subparagraph (A);
in subparagraph (A) (as so redesignated)—
by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively;
by inserting after clause (vi) the following:
a metropolitan planning organization that serves an urbanized area with a population of 200,000 or fewer;
in clause (viii) (as so redesignated), by striking responsible and all that follows through programs; and and inserting a semicolon;
in clause (ix) (as so redesignated)—
by inserting that serves an urbanized area with a population of over 200,000 after metropolitan planning organization ; and
by striking the period at the end and inserting ; and ; and
a State, at the request of an entity described in clauses (i) through (ix).
Competitive process
A State or metropolitan planning organization required to obligate funds in accordance with paragraph (2) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection.
A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under the competitive process described in subparagraph (B) in consultation with the relevant State.
The competitive process described in subparagraph (B) shall include prioritization of project location and impact in high-need areas as defined by the State, such as low-income, transit-dependent, rural, or other areas.
in paragraph (5)(A), by striking reserved under this section and inserting set aside under this subsection ;
in subparagraph (B), by striking reserved and inserting set aside ; and
Improving accessibility and efficiency
A State may use an amount equal to not more than 5 percent of the funds set aside for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by providing—
to applicants for projects under this subsection application assistance, technical assistance, and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project; and
funding for 1 or more full-time State employee positions to administer this subsection.
Use of funds
Amounts used under clause (i) may be expended—
directly by the State; or
through contracts with State agencies, private entities, or nonprofit entities.
by redesignating paragraph (7) as paragraph (8);
Required aggregate non-Federal share
The average annual non-Federal share of the total cost of all projects for which funds are obligated under this subsection in a State for a fiscal year shall be not less than the average non-Federal share of the cost of the projects that would otherwise apply.
Subject to subparagraph (A), notwithstanding section 120—
funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project under this subsection if the project—
is an eligible project described in section 148(e)(1); and
is consistent with the State strategic highway safety plan (as defined in section 148(a));
the non-Federal share for a project under this subsection may be calculated on a project, multiple-project, or program basis; and
the Federal share of the cost of an individual project in this section may be up to 100 percent.
Subparagraph (B) shall only apply to a State if the State has adequate financial controls, as certified by the Secretary, to account for the average annual non-Federal share under this paragraph.
in subparagraph (A) of paragraph (8) (as so redesignated)—
in the matter preceding clause (i), by striking describes and inserting includes ; and
by striking clause (ii) and inserting the following:
a list of each project selected for funding for each fiscal year, including, for each project—
the fiscal year during which the project was selected;
the fiscal year in which the project is anticipated to be funded;
the recipient;
the location, including the congressional district;
the type;
the cost; and
State transferability
Section 126(b)(2) of title 23, United States Code, is amended—
by striking reserved for a State under section 133(h) for a fiscal year may and inserting the following: "set aside for a State under section 133(h) for a fiscal year—
may only be transferred if the Secretary certifies that the State—
held a competition in compliance with the guidance issued to carry out section 133(h) and provided sufficient time for applicants to apply;
offered to each eligible entity, and provided on request of an eligible entity, technical assistance; and
demonstrates that there were not sufficiently suitable applications from eligible entities to use the funds to be transferred.
in the section heading, by inserting multimodal before freight ;
in subsection (a)(2)—
in subparagraph (A), by inserting in and across rural and urban areas after people ;
in subparagraph (C), by inserting or freight after highway ;
in subparagraph (E), by inserting or freight after highway ; and
in subparagraph (F), by inserting , including highways that support movement of energy equipment after security ;
in subsection (b), by adding at the end the following:
Grant administration
The Secretary may—
retain not more than a total of 2 percent of the funds made available to carry out this section for the National Surface Transportation and Innovative Finance Bureau to review applications for grants under this section; and
transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under this section.
in subsection (c)(1)—
A multistate corridor organization.
in clause (iii)(II), by striking or at the end;
in clause (iv), by striking and at the end; and
a wildlife crossing project;
a surface transportation infrastructure project that—
is located within the boundaries of or functionally connected to an international border crossing area in the United States;
improves a transportation facility owned by a Federal, State, or local government entity; and
increases throughput efficiency of the border crossing described in subclause (I), including—
a project to add lanes;
a project to add technology; and
other surface transportation improvements;
a project for a marine highway corridor designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor), if the Secretary determines that the project—
is functionally connected to the National Highway Freight Network; and
is likely to reduce on-road mobile source emissions; or
a highway, bridge, or freight project carried out on the National Multimodal Freight Network established under section 70103 of title 49; and
in paragraph (2)(A), in the matter preceding clause (i)—
by striking $600,000,000 and inserting 30 percent ; and
by striking fiscal years 2016 through 2020, in the aggregate, and inserting each of fiscal years 2022 through 2026 ;
in paragraph (1), by striking 10 percent and inserting not less than 15 percent ;
in subparagraph (A), by striking and at the end;
in subparagraph (B), by striking the period at the end and inserting ; and ; and
the effect of the proposed project on safety on freight corridors with significant hazards, such as high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades.
Of the amounts reserved under paragraph (1), not less than 30 percent shall be used for projects in rural areas (as defined in subsection (i)(3)).
in subsection (f)(2), by inserting (including a project to replace or rehabilitate a culvert, or to reduce stormwater runoff for the purpose of improving habitat for aquatic species) after environmental mitigation ;
in subsection (h)—
in paragraph (3), by striking the period at the end and inserting a semicolon; and
enhancement of freight resilience to natural hazards or disasters, including high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades;
whether the project will improve the shared transportation corridor of a multistate corridor organization, if applicable; and
prioritizing projects located in States in which neither the State nor an eligible entity in that State has been awarded a grant under this section.
in subsection (i)(2), by striking other grants under this section and inserting grants under subsection (e) ;
in subsection (j)—
by striking the subsection designation and heading and all that follows through The Federal share in paragraph (1) and inserting the following:
Except as provided in subparagraph (B) or for a grant under subsection (q), the Federal share
in paragraph (1), by adding at the end the following:
In the case of a project described in subsection (e)(1), the Federal share of the cost of the project shall be 80 percent.
by striking Federal assistance other and inserting Except for grants under subsection (q), Federal assistance other ; and
by striking except that the total Federal and inserting the following:
except that—
for a State with a population density of not more than 80 persons per square mile of land area, based on the 2010 census, the maximum share of the total Federal assistance provided for a project receiving a grant under this section shall be the applicable share under section 120(b); and
for a State not described in subparagraph (A), the total Federal
by redesignating subsections (k) through (n) as subsections (l), (m), (n), and (p), respectively;
by inserting after subsection (j) the following:
Efficient use of non-Federal funds
Notwithstanding any other provision of law and subject to approval by the Secretary under paragraph (2)(B), in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed—
the grant recipient may obligate and expend non-Federal funds with respect to the project for which the grant is provided; and
any non-Federal funds obligated or expended in accordance with subparagraph (A) shall be credited toward the non-Federal cost share for the project for which the grant is provided.
In order to obligate and expend non-Federal funds under paragraph (1), the grant recipient shall submit to the Secretary a request to obligate and expend non-Federal funds under that paragraph, including—
a description of the activities the grant recipient intends to fund;
a justification for advancing the activities described in clause (i), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and
the level of risk of the activities described in clause (i).
The Secretary shall approve or disapprove each request submitted under subparagraph (A).
Compliance with applicable requirements
Any non-Federal funds obligated or expended under paragraph (1) shall comply with all applicable requirements, including any requirements included in the grant agreement.
The obligation or expenditure of any non-Federal funds in accordance with this subsection shall not—
affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant;
create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or
affect the ability of the recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the project for which the grant is provided after the period described in paragraph (1).
in subsection (n) (as so redesignated), by striking paragraph (1) and inserting the following:
Not later than 60 days before the date on which a grant is provided for a project under this section, the Secretary shall submit to the Committees on Commerce, Science, and Transportation and Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the proposed grant, including—
an evaluation and justification for the applicable project; and
a description of the amount of the proposed grant award.
by inserting after subsection (n) (as so redesignated) the following:
Applicant notification
Not later than 60 days after the date on which a grant recipient for a project under this section is selected, the Secretary shall provide to each eligible applicant not selected for that grant a written notification that the eligible applicant was not selected.
A written notification under paragraph (1) shall include an offer for a written or telephonic debrief by the Secretary that will provide—
detail on the evaluation of the application of the eligible applicant; and
an explanation of and guidance on the reasons the application was not selected for a grant under this section.
Not later than 30 days after the eligible applicant receives a written notification under paragraph (1), if the eligible applicant opts to receive a debrief described in paragraph (2), the eligible applicant shall notify the Secretary that the eligible applicant is requesting a debrief.
If the eligible applicant submits a request for a debrief under subparagraph (A), the Secretary shall provide the debrief by not later than 60 days after the date on which the Secretary receives the request for a debrief.
by striking subsection (p) (as so redesignated) and inserting the following:
Notwithstanding any other provision of law, not later than 30 days after the date on which the Secretary selects a project for funding under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the reasons for selecting the project, based on any criteria established by the Secretary in accordance with this section.
The report submitted under subparagraph (A) shall specify each criterion established by the Secretary that the project meets.
The Secretary shall make available on the website of the Department of Transportation the report submitted under subparagraph (A).
This paragraph applies to all projects described in subparagraph (A) that the Secretary selects on or after October 1, 2021.
Comptroller general
The Comptroller General of the United States shall conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section.
Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for each project selected to receive funding under this section—
the process by which each project was selected;
the factors that went into the selection of each project; and
the justification for the selection of each project based on any criteria established by the Secretary in accordance with this section.
Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Inspector General of the Department of Transportation shall—
conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section; and
submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report that describes the findings of the Inspector General of the Department of Transportation with respect to the assessment conducted under subparagraph (A).
State incentives pilot program
There is established a pilot program to award grants to eligible applicants for projects eligible for grants under this section (referred to in this subsection as the pilot program ).
In awarding grants under the pilot program, the Secretary shall give priority to an application that offers a greater non-Federal share of the cost of a project relative to other applications under the pilot program.
Notwithstanding any other provision of law, the Federal share of the cost of a project assisted with a grant under the pilot program may not exceed 50 percent.
No federal involvement
For grants awarded under the pilot program, except as provided in clause (ii), an eligible applicant may not use Federal assistance to satisfy the non-Federal share of the cost under subparagraph (A).
An eligible applicant may use funds from a secured loan (as defined in section 601(a)) to satisfy the non-Federal share of the cost under subparagraph (A) if the loan is repayable from non-Federal funds.
Of the amounts made available to provide grants under this section, the Secretary shall reserve for each fiscal year $150,000,000 to provide grants under the pilot program.
Unutilized amounts
In any fiscal year during which applications under this subsection are insufficient to effect an award or allocation of the entire amount reserved under subparagraph (A), the Secretary shall use the unutilized amounts to provide other grants under this section.
Set-asides
Of the amounts reserved under paragraph (4)(A), the Secretary shall reserve for each fiscal year not less than 10 percent for projects eligible for a grant under subsection (e).
For a grant awarded from the amount reserved under clause (i)—
the requirements of subsection (e) shall apply; and
the requirements of subsection (g) shall not apply.
Of the amounts reserved under paragraph (4)(A), the Secretary shall reserve for each fiscal year not less than 25 percent for projects eligible for a grant under subsection (i).
For a grant awarded from the amount reserved under clause (i), the requirements of subsection (i) shall apply.
Report to congress
Not later than 2 years after the date of enactment of this subsection, the Secretary shall submit to the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the administration of the pilot program, including—
the number, types, and locations of eligible applicants that have applied for grants under the pilot program;
the number, types, and locations of grant recipients under the pilot program;
an assessment of whether implementation of the pilot program has incentivized eligible applicants to offer a greater non-Federal share for grants under the pilot program; and
any recommendations for modifications to the pilot program.
Multistate corridor organization defined
For purposes of this section, the term multistate corridor organization means an organization of a group of States developed through cooperative agreements, coalitions, or other arrangements to promote regional cooperation, planning, and shared project implementation for programs and projects to improve transportation system management and operations for a shared transportation corridor.
Additional authorization of appropriations
In addition to amounts made available from the Highway Trust Fund, there are authorized to be appropriated to carry out this section, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated—
Clerical amendment
The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 117 and inserting the following:
117. Nationally significant multimodal freight and highway projects.
Notwithstanding any other provision of law, in the case of a grant described in paragraph (2), section 117(k) of title 23, United States Code, shall apply to the grant as if the grant was a grant provided under that section.
Grant described
A grant referred to in paragraph (1) is a grant that is—
provided under a competitive discretionary grant program administered by the Federal Highway Administration;
for a project eligible under title 23, United States Code; and
in an amount greater than $5,000,000.
Highway safety improvement program
in subsection (a)—
in paragraph (4)(B)—
in clause (i), by inserting that provides for the safety of all road users, as appropriate, including a multimodal roundabout after improvement ;
in clause (vi), by inserting or a grade separation project after devices ;
by striking clause (viii) and inserting the following:
Construction or installation of features, measures, and road designs to calm traffic and reduce vehicle speeds.
by striking clause (xxvi) and inserting the following:
(xxvi)
Installation or upgrades of traffic control devices for pedestrians and bicyclists, including pedestrian hybrid beacons and the addition of bicycle movement phases to traffic signals.
by striking clauses (xxvii) and (xxviii) and inserting the following:
(xxvii)
Roadway improvements that provide separation between pedestrians and motor vehicles or between bicyclists and motor vehicles, including medians, pedestrian crossing islands, protected bike lanes, and protected intersection features.
(xxviii)
A pedestrian security feature designed to slow or stop a motor vehicle.
(xxix)
A physical infrastructure safety project not described in clauses (i) through (xxviii).
by redesignating paragraphs (9) through (12) as paragraphs (10), (12), (13), and (14), respectively;
Safe system approach
The term safe system approach means a roadway design—
that emphasizes minimizing the risk of injury or fatality to road users; and
takes into consideration the possibility and likelihood of human error;
accommodates human injury tolerance by taking into consideration likely accident types, resulting impact forces, and the ability of the human body to withstand impact forces; and
takes into consideration vulnerable road users.
Specified safety project
The term specified safety project means a project carried out for the purpose of safety under any other section of this title that is consistent with the State strategic highway safety plan.
The term specified safety project includes a project that—
promotes public awareness and informs the public regarding highway safety matters (including safety for motorcyclists, bicyclists, pedestrians, individuals with disabilities, and other road users);
facilitates enforcement of traffic safety laws;
provides infrastructure and infrastructure-related equipment to support emergency services;
conducts safety-related research to evaluate experimental safety countermeasures or equipment; or
supports safe routes to school noninfrastructure-related activities described in section 208(g)(2).
in paragraph (13) (as so redesignated)—
by redesignating subparagraphs (G), (H), and (I) as subparagraphs (H), (I), and (J), respectively; and
by inserting after subparagraph (F) the following;
includes a vulnerable road user safety assessment;
Vulnerable road user
The term vulnerable road user means a nonmotorist—
with a fatality analysis reporting system person attribute code that is included in the definition of the term number of non-motorized fatalities in section 490.205 of title 23, Code of Federal Regulations (or successor regulations); or
described in the term number of non-motorized serious injuries in that section.
Vulnerable road user safety assessment
The term vulnerable road user safety assessment means an assessment of the safety performance of the State with respect to vulnerable road users and the plan of the State to improve the safety of vulnerable road users as described in subsection (l).
in paragraph (1)(A), by striking subsections (a)(11) and inserting subsections (a)(13) ; and
in subparagraph (A)(vi), by inserting and to differentiate the safety data for vulnerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users after crashes ;
in subparagraph (B)(i), by striking (including motorcyclists), bicyclists, pedestrians, and inserting , vulnerable road users (including motorcyclists, bicyclists, pedestrians), ; and
in subparagraph (D)—
in clause (iv), by striking and at the end;
in clause (v), by striking the semicolon at the end and inserting ; and ; and
improves the ability of the State to differentiate the fatalities and serious injuries of vulnerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users;
in subsection (d)(2)(B)(i), by striking subsection (a)(11) and inserting subsection (a)(13) ;
in subsection (e), by adding at the end the following:
Flexible funding for specified safety projects
To advance the implementation of a State strategic highway safety plan, a State may use not more than 10 percent of the amounts apportioned to the State under section 104(b)(3) for a fiscal year to carry out specified safety projects.
Rule of construction
Nothing in this paragraph requires a State to revise any State process, plan, or program in effect on the date of enactment of this paragraph.
Effect of paragraph
A project carried out under this paragraph shall be subject to all requirements under this section that apply to a highway safety improvement project.
Other apportioned programs
Nothing in this paragraph prohibits the use of funds made available under other provisions of this title for a specified safety project that is a noninfrastructure project.
in subsection (g), by adding at the end the following:
Vulnerable road user safety
If the total annual fatalities of vulnerable road users in a State represents not less than 15 percent of the total annual crash fatalities in the State, that State shall be required to obligate not less than 15 percent of the amounts apportioned to the State under section 104(b)(3) for the following fiscal year for highway safety improvement projects to address the safety of vulnerable road users.
Not later than 2 years after the date of enactment of this subsection, each State shall complete a vulnerable road user safety assessment.
A vulnerable road user safety assessment under paragraph (1) shall include—
a quantitative analysis of vulnerable road user fatalities and serious injuries that—
includes data such as location, roadway functional classification, design speed, speed limit, and time of day;
considers the demographics of the locations of fatalities and serious injuries, including race, ethnicity, income, and age; and
based on the data, identifies areas as high-risk to vulnerable road users; and
a program of projects or strategies to reduce safety risks to vulnerable road users in areas identified as high-risk under subparagraph (A)(iii).
In carrying out a vulnerable road user safety assessment under paragraph (1), a State shall use data from the most recent 5-year period for which data is available.
In carrying out a vulnerable road user safety assessment under paragraph (1), a State shall—
take into consideration a safe system approach; and
consult with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(A)(iii).
A State shall update the vulnerable road user safety assessment of the State in accordance with the updates required to the State strategic highway safety plan under subsection (d).
Requirement for transportation system access
The program of projects developed under paragraph (2)(B) may not degrade transportation system access for vulnerable road users.
Not later than 1 year after the date of enactment of this subsection, the Secretary shall develop guidance for States to carry out this subsection.
In developing the guidance under this paragraph, the Secretary shall consult with the States and relevant safety stakeholders.
High-risk rural roads
Not later than 2 years after the date of enactment of this Act, the Secretary shall update the study under section 1112(b)(1) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141).
Publication of report
Not later than 2 years after the date of enactment of this Act, the Secretary shall publish on the website of the Department of Transportation an update to the report described in section 1112(b)(2) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141).
Best practices manual
Not later than 180 days after the date on which the report is published under paragraph (2), the Secretary shall update the best practices manual described in section 1112(b)(3) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141).
in paragraph (1)(D), by striking $10,000,000 and inserting $20,000,000 ; and
Native plant materials
In carrying out an activity described in paragraph (1), the entity carrying out the activity shall consider, to the maximum extent practicable—
the use of locally adapted native plant materials; and
designs that minimize runoff and heat generation.
in subsection (b)(7)(B), by striking determined in accordance with section 120 , and inserting be up to 100 percent ; and
in subsection (c)(8)(A), by striking 5 percent and inserting 20 percent .
in the matter preceding clause (i), by inserting context-sensitive solutions, after restoration, ;
in clause (i), by inserting , including interpretive panels in or adjacent to those areas after areas ;
in clause (v), by striking and at the end;
by redesignating clause (vi) as clause (ix); and
contextual wayfinding markers;
landscaping;
cooperative mitigation of visual blight, including screening or removal; and
In carrying out an activity described in paragraph (1), the Secretary shall ensure that the entity carrying out the activity considers, to the maximum extent practicable—
National highway freight program
in paragraph (2), by striking 150 miles and inserting 300 miles ; and
Rural states
Notwithstanding paragraph (2), a State with a population per square mile of area that is less than the national average, based on the 2010 census, may designate as critical rural freight corridors a maximum of 600 miles of highway or 25 percent of the primary highway freight system mileage in the State, whichever is greater.
in subsection (f)(4), by striking 75 miles and inserting 150 miles ; and
in subsection (i)(5)(B)—
in the matter preceding clause (i), by striking 10 percent and inserting 30 percent ;
in clause (i), by striking and at the end;
in clause (ii), by striking the period at the end and inserting a semicolon; and
for the modernization or rehabilitation of a lock and dam, if the Secretary determines that the project—
is likely to reduce on-road mobile source emissions; and
on a marine highway corridor, connector, or crossing designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor, connector, or crossing), if the Secretary determines that the project—
is likely to reduce on-road mobile source emissions.
in the matter preceding paragraph (1), by striking subsection (d) and inserting subsections (d) and (m)(1)(B)(ii)
in paragraph (7), by inserting shared micromobility (including bikesharing and shared scooter systems), after carsharing, ;
in the matter preceding clause (i), by inserting replacements or before retrofits ;
verified technologies (as defined in section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131)) for motor vehicles (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)); or
in clause (ii)(II), by striking or at the end; and
in subparagraph (B), by inserting replacements or before retrofits ; and
the purchase of medium- or heavy-duty zero emission vehicles and related charging equipment;
if the project is for the modernization or rehabilitation of a lock and dam that—
is functionally connected to the Federal-aid highway system; and
the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard; or
if the project is on a marine highway corridor, connector, or crossing designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor, connector, or crossing) that—
the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard.
in subsection (c), by adding at the end the following:
Locks and dams; marine highways
For each fiscal year, a State may not obligate more than 10 percent of the funds apportioned to the State under section 104(b)(4) for projects described in paragraphs (10) and (11) of subsection (b).
in subsection (f)(4)(A), by inserting and nonroad vehicles and nonroad engines used in construction projects or port-related freight operations after motor vehicles ;
in the subparagraph heading, by inserting replacement or before retrofit ;
by striking The term diesel retrofit and inserting The term diesel replacement or retrofit ; and
by inserting or retrofit after replacement ;
in paragraph (2), in the matter preceding subparagraph (A), by inserting replacement or before retrofit ; and
in paragraph (3), by inserting replacements or before retrofits ;
in subsection (k)(1), by striking that reduce such fine particulate matter emissions in such area, including diesel retrofits. and inserting "that—
reduce such fine particulate matter emissions in such area, including diesel replacements or retrofits; and
to the extent practicable, prioritize benefits to disadvantaged communities or low-income populations living in, or immediately adjacent to, such area.
in subsection (l), by adding at the following:
Assistance to metropolitan planning organizations
On the request of a metropolitan planning organization, the Secretary may assist the metropolitan planning organization tracking progress made in minority or low-income populations as part of a performance plan under this subsection.
Nothing in this paragraph provides the Secretary the authority—
to change the performance measures under section 150(c)(5) or the performance targets established under section 134(h)(2) or 150(d); or
to establish any other Federal requirement.
by striking subsection (m) and inserting the following:
Operating assistance
A State may obligate funds apportioned under section 104(b)(4) in an area of the State that is otherwise eligible for obligations of such funds for operating costs—
under chapter 53 of title 49; or
a system for which CMAQ funding was eligible, made available, obligated, or expended in fiscal year 2012; or
a State-supported Amtrak route with a valid cost-sharing agreement under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note; Public Law 110–432) and no current nonattainment areas under subsection (d).
No time limitation
Operating assistance provided under paragraph (1) shall have no imposed time limitation if the operating assistance is for—
a route described in subparagraph (B) of that paragraph; or
a transit system that is located in—
a non-urbanized area; or
an urbanized area with a population of 200,000 or fewer.
Alaska Highway
Section 218 of title 23, United States Code, is amended to read as follows:
Recognizing the benefits that will accrue to the State of Alaska and to the United States from the reconstruction of the Alaska Highway from the Alaskan border at Beaver Creek, Yukon Territory, to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to Haines, Alaska, the Secretary may provide for the necessary reconstruction of the highway using funds awarded through an applicable competitive grant program, if the highway meets all applicable eligibility requirements for the program, except for the specific requirements established by the agreement for the Alaska Highway Project between the Government of the United States and the Government of Canada. In addition to the funds described in the previous sentence, notwithstanding any other provision of law and on agreement with the State of Alaska, the Secretary is authorized to expend on such highway or the Alaska Marine Highway System any Federal-aid highway funds apportioned to the State of Alaska under this title at a Federal share of 100 per centum. No expenditures shall be made for the construction of the portion of such highways that are in Canada unless an agreement is in place between the Government of Canada and the Government of the United States (including an agreement in existence on the date of enactment of the Surface Transportation Reauthorization Act of 2021) that provides, in part, that the Canadian Government—
will provide, without participation of funds authorized under this title, all necessary right-of-way for the reconstruction of such highways;
will not impose any highway toll, or permit any such toll to be charged for the use of such highways by vehicles or persons;
will not levy or assess, directly or indirectly, any fee, tax, or other charge for the use of such highways by vehicles or persons from the United States that does not apply equally to vehicles or persons of Canada;
will continue to grant reciprocal recognition of vehicle registration and driver's licenses in accordance with agreements between the United States and Canada; and
will maintain such highways after their completion in proper condition adequately to serve the needs of present and future traffic.
The survey and construction work undertaken in Canada pursuant to this section shall be under the general supervision of the Secretary.
For purposes of this section, the term Alaska Marine Highway System includes all existing or planned transportation facilities and equipment in Alaska, including the lease, purchase, or construction of vessels, terminals, docks, floats, ramps, staging areas, parking lots, bridges and approaches thereto, and necessary roads.
Notwithstanding any other provision of law, a project assisted under this section in the State of Alaska shall be treated as a project on a Federal-aid highway under chapter 1.
Toll roads, bridges, tunnels, and ferries
Section 129(c) of title 23, United States Code, is amended in the matter preceding paragraph (1) by striking the construction of ferry boats and ferry terminal facilities, whether toll or free, and inserting the construction of ferry boats and ferry terminal facilities (including ferry maintenance facilities), whether toll or free, and the procurement of transit vehicles used exclusively as an integral part of an intermodal ferry trip, .
Diesel fuel ferry vessels
Notwithstanding section 147(b), in the case of a project to replace or retrofit a diesel fuel ferry vessel that provides substantial emissions reductions, the Federal share of the cost of the project may be up to 85 percent, as determined by the State.
The authority provided by paragraph (1) shall terminate on September 30, 2025.
Chapter 1 of title 23, United States Code, is amended by inserting after section 123 the following:
Eligible project
The term eligible project means a project to replace, rehabilitate, preserve, or protect 1 or more bridges on the National Bridge Inventory under section 144(b).
The term eligible project includes—
a bundle of projects described in subparagraph (A), regardless of whether the bundle of projects meets the requirements of section 144(j)(5); and
a project to replace or rehabilitate culverts for the purpose of improving flood control and improved habitat connectivity for aquatic species.
Large project
The term large project means an eligible project with total eligible project costs of greater than $100,000,000.
The term program means the bridge investment program established by subsection (b)(1).
Establishment of bridge investment program
There is established a bridge investment program to provide financial assistance for eligible projects under this section.
The goals of the program shall be—
to improve the safety, efficiency, and reliability of the movement of people and freight over bridges;
to improve the condition of bridges in the United States by reducing—
the number of bridges—
in poor condition; or
in fair condition and at risk of falling into poor condition within the next 3 years;
the total person miles traveled over bridges—
the number of bridges that—
do not meet current geometric design standards; or
cannot meet the load and traffic requirements typical of the regional transportation network; and
the total person miles traveled over bridges that—
to provide financial assistance that leverages and encourages non-Federal contributions from sponsors and stakeholders involved in the planning, design, and construction of eligible projects.
Grant authority
In carrying out the program, the Secretary may award grants, on a competitive basis, in accordance with this section.
Grant amounts
Except as otherwise provided, a grant under the program shall be—
in the case of a large project, in an amount that is—
adequate to fully fund the project (in combination with other financial resources identified in the application); and
not less than $50,000,000; and
in the case of any other eligible project, in an amount that is—
not less than $2,500,000.
Maximum amount
Except as otherwise provided, for an eligible project receiving assistance under the program, the amount of assistance provided by the Secretary under this section, as a share of eligible project costs, shall be—
in the case of a large project, not more than 50 percent; and
in the case of any other eligible project, not more than 80 percent.
Maximum Federal involvement
Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project for which a grant is made, except that the total Federal assistance provided for a project receiving a grant under the program may not exceed the Federal share for the project under section 120.
Off-system bridges
In the case of an eligible project for an off-system bridge (as defined in section 133(f)(1))—
Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project; and
notwithstanding subparagraph (A), the total Federal assistance provided for the project shall not exceed 90 percent of the total eligible project costs.
Federal land management agencies and Tribal governments
Notwithstanding any other provision of law, Federal funds other than Federal funds made available under this section may be used to pay the remaining share of the cost of a project under the program by a Federal land management agency or a Tribal government or consortium of Tribal governments.
In awarding grants under the program, the Secretary shall consider—
in the case of a large project, the ratings assigned under subsection (g)(5)(A);
in the case of an eligible project other than a large project, the quality rating assigned under subsection (f)(3)(A)(ii);
the average daily person and freight throughput supported by the eligible project;
the number and percentage of bridges within the same State as the eligible project that are in poor condition;
the extent to which the eligible project demonstrates cost savings by bundling multiple bridge projects;
in the case of an eligible project of a Federal land management agency, the extent to which the grant would reduce a Federal liability or Federal infrastructure maintenance backlog;
geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities; and
the extent to which a bridge that would be assisted with a grant—
is, without that assistance—
at risk of falling into or remaining in poor condition; or
does not meet current geometric design standards based on—
the current use of the bridge; or
load and traffic requirements typical of the regional corridor or local network in which the bridge is located; or
does not meet current seismic design standards.
The Secretary shall—
give priority to an application for an eligible project that is located within a State for which—
2 or more applications for eligible projects within the State were submitted for the current fiscal year and an average of 2 or more applications for eligible projects within the State were submitted in prior fiscal years of the program; and
fewer than 2 grants have been awarded for eligible projects within the State under the program;
during the period of fiscal years 2022 through 2026, for each State described in clause (i), select—
not fewer than 1 large project that the Secretary determines is justified under the evaluation under subsection (g)(4); or
2 eligible projects that are not large projects that the Secretary determines are justified under the evaluation under subsection (f)(3); and
not be required to award a grant for an eligible project that the Secretary does not determine is justified under an evaluation under subsection (f)(3) or (g)(4).
Culvert limitation
Not more than 5 percent of the amounts made available for each fiscal year for grants under the program may be used for eligible projects that consist solely of culvert replacement or rehabilitation.
Eligible entity
The Secretary may make a grant under the program to any of the following:
A State or a group of States.
A metropolitan planning organization that serves an urbanized area (as designated by the Bureau of the Census) with a population of over 200,000.
A unit of local government or a group of local governments.
A political subdivision of a State or local government.
A special purpose district or public authority with a transportation function.
A Federal land management agency.
A Tribal government or a consortium of Tribal governments.
A multistate or multijurisdictional group of entities described in paragraphs (1) through (7).
Eligible project requirements
The Secretary may make a grant under the program only to an eligible entity for an eligible project that—
in the case of a large project, the Secretary recommends for funding in the annual report on funding recommendations under subsection (g)(6), except as provided in subsection (g)(1)(B);
is reasonably expected to begin construction not later than 18 months after the date on which funds are obligated for the project; and
is based on the results of preliminary engineering.
Competitive process and evaluation of eligible projects other than large projects
for the first fiscal year for which funds are made available for obligation under the program, not later than 60 days after the date on which the template under subparagraph (B)(i) is developed, and in subsequent fiscal years, not later than 60 days after the date on which amounts are made available for obligation under the program, solicit grant applications for eligible projects other than large projects; and
not later than 120 days after the date on which the solicitation under clause (i) expires, conduct evaluations under paragraph (3).
In carrying out subparagraph (A), the Secretary shall—
develop a template for applicants to use to summarize project needs and benefits, including benefits described in paragraph (3)(B)(i); and
enable applicants to use data from the National Bridge Inventory under section 144(b) to populate templates described in clause (i), as applicable.
An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
Prior to providing a grant under this subsection, the Secretary shall—
conduct an evaluation of each eligible project for which an application is received under this subsection; and
assign a quality rating to the eligible project on the basis of the evaluation under clause (i).
In carrying out an evaluation under subparagraph (A), the Secretary shall—
consider information on project benefits submitted by the applicant using the template developed under paragraph (1)(B)(i), including whether the project will generate, as determined by the Secretary—
costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project;
in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects;
safety benefits, including the reduction of accidents and related costs;
person and freight mobility benefits, including congestion reduction and reliability improvements;
national or regional economic benefits;
benefits from long-term resiliency to extreme weather events, flooding, or other natural disasters;
benefits from protection (as described in section 133(b)(10)), including improving seismic or scour protection;
environmental benefits, including wildlife connectivity;
benefits to nonvehicular and public transportation users;
benefits of using—
innovative design and construction techniques; or
innovative technologies; or
reductions in maintenance costs, including, in the case of a federally-owned bridge, cost savings to the Federal budget; and
consider whether and the extent to which the benefits, including the benefits described in clause (i), are more likely than not to outweigh the total project costs.
Competitive process, evaluation, and annual report for large projects
The Secretary shall establish an annual date by which an eligible entity submitting an application for a large project shall submit to the Secretary such information as the Secretary may require, including information described in paragraph (2), in order for a large project to be considered for a recommendation by the Secretary for funding in the next annual report under paragraph (6).
First fiscal year
Notwithstanding subparagraph (A), for the first fiscal year for which funds are made available for obligation for grants under the program, the Secretary may establish a date by which an eligible entity submitting an application for a large project shall submit to the Secretary such information as the Secretary may require, including information described in paragraph (2), in order for a large project to be considered for immediate execution of a grant agreement.
Information required
The information referred to in paragraph (1) includes—
all necessary information required for the Secretary to evaluate the large project; and
information sufficient for the Secretary to determine that—
the large project meets the applicable requirements under this section; and
there is a reasonable likelihood that the large project will continue to meet the requirements under this section.
Determination; notice
On making a determination that information submitted to the Secretary under paragraph (1) is sufficient, the Secretary shall provide a written notice of that determination to—
the eligible entity that submitted the application;
the Committee on Environment and Public Works of the Senate; and
the Committee on Transportation and Infrastructure of the House of Representatives.
The Secretary may recommend a large project for funding in the annual report under paragraph (6), or, in the case of the first fiscal year for which funds are made available for obligation for grants under the program, immediately execute a grant agreement for a large project, only if the Secretary evaluates the proposed project and determines that the project is justified because the project—
addresses a need to improve the condition of the bridge, as determined by the Secretary, consistent with the goals of the program under subsection (b)(2);
will generate, as determined by the Secretary—
reductions in maintenance costs, including, in the case of a federally-owned bridge, cost savings to the Federal budget;
is cost effective based on an analysis of whether the benefits and avoided costs described in subparagraph (B) are expected to outweigh the project costs;
is supported by other Federal or non-Federal financial commitments or revenues adequate to fund ongoing maintenance and preservation; and
is consistent with the objectives of an applicable asset management plan of the project sponsor, including a State asset management plan under section 119(e) in the case of a project on the National Highway System that is sponsored by a State.
The Secretary shall develop a methodology to evaluate and rate a large project on a 5-point scale (the points of which include high , medium-high , medium , medium-low , and low ) for each of—
paragraph (4)(B);
paragraph (4)(C); and
paragraph (4)(D).
To be considered justified and receive a recommendation for funding in the annual report under paragraph (6), a project shall receive a rating of not less than medium for each rating required under subparagraph (A).
Interim methodology
In the first fiscal year for which funds are made available for obligation for grants under the program, the Secretary may establish an interim methodology to evaluate and rate a large project for each of—
Annual report on funding recommendations for large projects
Not later than the first Monday in February of each year, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate a report that includes—
a list of large projects that have requested a recommendation for funding under a new grant agreement from funds anticipated to be available to carry out this subsection in the next fiscal year;
the evaluation under paragraph (4) and ratings under paragraph (5) for each project referred to in clause (i);
the grant amounts that the Secretary recommends providing to large projects in the next fiscal year, including—
scheduled payments under previously signed multiyear grant agreements under subsection (j);
payments for new grant agreements, including single-year grant agreements and multiyear grant agreements; and
a description of how amounts anticipated to be available for the program from the Highway Trust Fund for that fiscal year will be distributed; and
for each project for which the Secretary recommends a new multiyear grant agreement under subsection (j), the proposed payout schedule for the project.
The Secretary shall not recommend in an annual report under this paragraph a new multiyear grant agreement provided from funds from the Highway Trust Fund unless the Secretary determines that the project can be completed using funds that are anticipated to be available from the Highway Trust Fund in future fiscal years.
General fund projects
may recommend for funding in an annual report under this paragraph a large project using funds from the general fund of the Treasury; but
shall not execute a grant agreement for that project unless—
funds other than from the Highway Trust Fund have been made available for the project; and
the Secretary determines that the project can be completed using funds other than from the Highway Trust Fund that are anticipated to be available in future fiscal years.
In selecting projects to recommend for funding in the annual report under this paragraph, or, in the case of the first fiscal year for which funds are made available for obligation for grants under the program, projects for immediate execution of a grant agreement, the Secretary shall—
consider the amount of funds available in future fiscal years for multiyear grant agreements as described in subparagraph (B); and
assume the availability of funds in future fiscal years for multiyear grant agreements that extend beyond the period of authorization based on the amount made available for large projects under the program in the last fiscal year of the period of authorization.
Project diversity
In selecting projects to recommend for funding in the annual report under this paragraph, the Secretary shall ensure diversity among projects recommended based on—
the amount of the grant requested; and
grants for an eligible project for 1 bridge compared to an eligible project that is a bundle of projects.
Eligible project costs
A grant received for an eligible project under the program may be used for—
development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities;
construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance; and
expenses related to the protection (as described in section 133(b)(10)) of a bridge, including seismic or scour protection.
TIFIA program
On the request of an eligible entity carrying out an eligible project, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide to the entity Federal credit assistance under chapter 6 with respect to the eligible project for which the grant was awarded.
Multiyear grant agreements for large projects
A large project that receives a grant under the program in an amount of not less than $100,000,000 may be carried out through a multiyear grant agreement in accordance with this subsection.
A multiyear grant agreement for a large project described in paragraph (1) shall—
establish the terms of participation by the Federal Government in the project;
establish the maximum amount of Federal financial assistance for the project in accordance with paragraphs (3) and (4) of subsection (c);
establish a payout schedule for the project that provides for disbursement of the full grant amount by not later than 4 fiscal years after the fiscal year in which the initial amount is provided;
determine the period of time for completing the project, even if that period extends beyond the period of an authorization; and
attempt to improve timely and efficient management of the project, consistent with all applicable Federal laws (including regulations).
Special financial rules
A multiyear grant agreement under this subsection—
shall obligate an amount of available budget authority specified in law; and
may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law.
Statement of contingent commitment
The agreement shall state that the contingent commitment is not an obligation of the Federal Government.
Interest and other financing costs
Interest and other financing costs of carrying out a part of the project within a reasonable time shall be considered a cost of carrying out the project under a multiyear grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing.
The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms.
Notwithstanding any other provision of law, an eligible entity carrying out a large project under a multiyear grant agreement—
may use funds made available to the eligible entity under this title for eligible project costs of the large project until the amount specified in the multiyear grant agreement for the project for that fiscal year becomes available for obligation; and
if the eligible entity uses funds as described in subparagraph (A), the funds used shall be reimbursed from the amount made available under the multiyear grant agreement for the project.
Undertaking parts of projects in advance under letters of no prejudice
The Secretary may pay to an applicant all eligible project costs under the program, including costs for an activity for an eligible project incurred prior to the date on which the project receives funding under the program if—
before the applicant carries out the activity, the Secretary approves through a letter to the applicant the activity in the same manner as the Secretary approves other activities as eligible under the program;
a record of decision, a finding of no significant impact, or a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been issued for the eligible project; and
the activity is carried out without Federal assistance and in accordance with all applicable procedures and requirements.
For purposes of paragraph (1), the cost of carrying out an activity for an eligible project includes the amount of interest and other financing costs, including any interest earned and payable on bonds, to the extent interest and other financing costs are expended in carrying out the activity for the eligible project, except that interest and other financing costs may not be more than the cost of the most favorable financing terms reasonably available for the eligible project at the time of borrowing.
The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms under subparagraph (A).
No obligation or influence on recommendations
An approval by the Secretary under paragraph (1)(A) shall not—
constitute an obligation of the Federal Government; or
alter or influence any evaluation under subsection (f)(3)(A)(i) or (g)(4) or any recommendation by the Secretary for funding under the program.
Federally-owned bridges
Divestiture consideration
In the case of a bridge owned by a Federal land management agency for which that agency applies for a grant under the program, the agency—
shall consider options to divest the bridge to a State or local entity after completion of the project; and
may apply jointly with the State or local entity to which the bridge may be divested.
Notwithstanding any other provision of law, section 129 shall apply to a bridge that was previously owned by a Federal land management agency and has been transferred to a non-Federal entity under paragraph (1) in the same manner as if the bridge was never federally owned.
Treatment of projects
Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter.
Congressional notification
Not later than 30 days before making a grant for an eligible project under the program, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a written notification of the proposed grant that includes—
an evaluation and justification for the eligible project; and
the amount of the proposed grant.
Not later than August 1 of each fiscal year, the Secretary shall make available on the website of the Department of Transportation an annual report that lists each eligible project for which a grant has been provided under the program during the fiscal year.
GAO assessment and report
Not later than 3 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Comptroller General of the United States shall—
conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under the program; and
submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes—
the adequacy and fairness of the process under which each eligible project that received a grant under the program was selected; and
the justification and criteria used for the selection of each eligible project.
Of the amounts made available out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section for each of fiscal years 2022 through 2026, not less than 50 percent, in aggregate, shall be used for large projects.
If, in fiscal year 2026, the Secretary determines that grants under the program will not allow for the requirement under paragraph (1) to be met, the Secretary shall use the unutilized amounts to make other grants under the program during that fiscal year.
Tribal transportation facility bridge set aside
Of the amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for a fiscal year to carry out this section, the Secretary shall use, to carry out section 202(d)—
For purposes of section 201, funds made available for section 202(d) under paragraph (1) shall be considered to be part of the tribal transportation program.
The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 123 the following:
124. Bridge investment program.
In the vicinity of schools
The term in the vicinity of schools, with respect to a school, means the approximately 2-mile area within bicycling and walking distance of the school.
Primary, middle, and high schools
The term primary, middle, and high schools means schools providing education from kindergarten through 12th grade.
Subject to the requirements of this section, the Secretary shall establish and carry out a safe routes to school program for the benefit of children in primary, middle, and high schools.
The purposes of the program established under subsection (b) shall be—
to enable and encourage children, including those with disabilities, to walk and bicycle to school;
to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and
to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools.
Apportionment of funds
Subject to paragraphs (2), (3), and (4), amounts made available to carry out this section for a fiscal year shall be apportioned among the States so that each State receives the amount equal to the proportion that—
the total student enrollment in primary, middle, and high schools in each State; bears to
the total student enrollment in primary, middle, and high schools in all States.
Minimum apportionment
No State shall receive an apportionment under this section for a fiscal year of less than $1,000,000.
Set-aside for administrative expenses
Before apportioning under this subsection amounts made available to carry out this section for a fiscal year, the Secretary shall set aside not more than $3,000,000 of those amounts for the administrative expenses of the Secretary in carrying out this section.
Determination of student enrollments
Determinations under this subsection relating to student enrollments shall be made by the Secretary.
Administration of amounts
Amounts apportioned to a State under this section shall be administered by the State department of transportation.
Eligible recipients
Amounts apportioned to a State under this section shall be used by the State to provide financial assistance to State, local, Tribal, and regional agencies, including nonprofit organizations, that demonstrate an ability to meet the requirements of this section.
Eligible projects and activities
Infrastructure-related projects
Amounts apportioned to a State under this section may be used for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools.
Location of projects
Infrastructure-related projects under subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools.
Noninfrastructure-related activities
In addition to projects described in paragraph (1), amounts apportioned to a State under this section may be used for noninfrastructure-related activities to encourage walking and bicycling to school, including public awareness campaigns and outreach to press and community leaders, traffic education and enforcement in the vicinity of schools, student sessions on bicycle and pedestrian safety, health, and environment, and funding for training, volunteers, and managers of safe routes to school programs.
Not less than 10 percent and not more than 30 percent of the amount apportioned to a State under this section for a fiscal year shall be used for noninfrastructure-related activities under this paragraph.
Safe routes to school coordinator
Each State shall use a sufficient amount of the apportionment of the State for each fiscal year to fund a full-time position of coordinator of the safe routes to school program of the State.
The Secretary shall make grants to a national nonprofit organization engaged in promoting safe routes to schools—
to operate a national safe routes to school clearinghouse;
to develop information and educational programs on safe routes to school; and
to provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs.
The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (d)(3).
Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1.
Conforming amendments
208. Safe routes to school.
Section 1404 of SAFETEA–LU (23 U.S.C. 402 note; Public Law 109–59) is repealed.
The table of contents in section 1(b) of SAFETEA–LU (Public Law 109–59; 119 Stat. 1144) is amended by striking the item relating to section 1404.
Highway use tax evasion projects
Section 143(b)(2)(A) of title 23, United States Code, is amended by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 .
Construction of ferry boats and ferry terminal facilities
Section 147 of title 23, United States Code, is amended by striking subsection (h) and inserting the following:
There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section—
Vulnerable road user research
The term Administrator means the Secretary, acting through the Administrator of the Federal Highway Administration.
The term vulnerable road user has the meaning given the term in section 148(a) of title 23, United States Code.
Establishment of research plan
The Administrator shall establish a research plan to prioritize research on roadway designs, the development of safety countermeasures to minimize fatalities and serious injuries to vulnerable road users, and the promotion of bicycling and walking, including research relating to—
roadway safety improvements, including traffic calming techniques and vulnerable road user accommodations appropriate in a suburban arterial context;
the impacts of traffic speeds, and access to low-traffic stress corridors, on safety and rates of bicycling and walking;
tools to evaluate the impact of transportation improvements on projected rates and safety of bicycling and walking; and
other research areas to be determined by the Administrator.
Vulnerable road user assessments
The Administrator shall—
review each vulnerable road user safety assessment submitted by a State under section 148(l) of title 23, United States Code, and other relevant sources of data to determine what, if any, standard definitions and methods should be developed through guidance to enable a State to collect pedestrian injury and fatality data; and
in the first progress update under subsection (d)(2), provide—
the results of the determination described in paragraph (1); and
the recommendations of the Secretary with respect to the collection and reporting of data on the safety of vulnerable road users.
Submission; publication
Submission of plan
Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the research plan described in subsection (b).
Not later than 2 years after the date of enactment of this Act, and biannually thereafter, the Administrator shall submit to the Committees described in paragraph (1)—
updates on the progress and findings of the research conducted pursuant to the plan described in subsection (b); and
in the first submission under this paragraph, the results and recommendations described in subsection (c)(2).
Wildlife crossing safety
Declaration of policy
Section 101(b)(3)(D) of title 23, United States Code, is amended, in the matter preceding clause (i), by inserting resilient, after efficient, .
Chapter 1 of title 23, United States Code, is amended by adding at the end the following:
Congress finds that greater adoption of wildlife-vehicle collision safety countermeasures is in the public interest because—
according to the report of the Federal Highway Administration entitled Wildlife-Vehicle Collision Reduction Study , there are more than 1,000,000 wildlife-vehicle collisions every year;
wildlife-vehicle collisions—
present a danger to—
human safety; and
wildlife survival; and
represent a persistent concern that results in tens of thousands of serious injuries and hundreds of fatalities on the roadways of the United States; and
the total annual cost associated with wildlife-vehicle collisions has been estimated to be $8,388,000,000; and
wildlife-vehicle collisions are a major threat to the survival of species, including birds, reptiles, mammals, and amphibians.
The Secretary shall establish a competitive wildlife crossings pilot program (referred to in this section as the pilot program ) to provide grants for projects that seek to achieve—
a reduction in the number of wildlife-vehicle collisions; and
in carrying out the purpose described in paragraph (1), improved habitat connectivity for terrestrial and aquatic species.
Eligible entities
An entity eligible to apply for a grant under the pilot program is—
a State highway agency, or an equivalent of that agency;
a metropolitan planning organization (as defined in section 134(b));
a unit of local government;
a regional transportation authority;
a special purpose district or public authority with a transportation function, including a port authority;
an Indian tribe (as defined in section 207(m)(1)), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602));
a Federal land management agency; or
a group of any of the entities described in paragraphs (1) through (7).
To be eligible to receive a grant under the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
If an application under paragraph (1) is submitted by an eligible entity other than an eligible entity described in paragraph (1) or (7) of subsection (c), the application shall include documentation that the State highway agency, or an equivalent of that agency, of the State in which the eligible entity is located was consulted during the development of the application.
To enhance consideration of current and reliable data, eligible entities may obtain guidance from an agency in the State with jurisdiction over fish and wildlife.
In selecting grant recipients under the pilot program, the Secretary shall take into consideration the following:
Primarily, the extent to which the proposed project of an eligible entity is likely to protect motorists and wildlife by reducing the number of wildlife-vehicle collisions and improve habitat connectivity for terrestrial and aquatic species.
Secondarily, the extent to which the proposed project of an eligible entity is likely to accomplish the following:
Leveraging Federal investment by encouraging non-Federal contributions to the project, including projects from public-private partnerships.
Supporting local economic development and improvement of visitation opportunities.
Incorporation of innovative technologies, including advanced design techniques and other strategies to enhance efficiency and effectiveness in reducing wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species.
Provision of educational and outreach opportunities.
Monitoring and research to evaluate, compare effectiveness of, and identify best practices in, selected projects.
Any other criteria relevant to reducing the number of wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species, as the Secretary determines to be appropriate, subject to the condition that the implementation of the pilot program shall not be delayed in the absence of action by the Secretary to identify additional criteria under this subparagraph.
The Secretary shall ensure that a grant received under the pilot program is used for a project to reduce wildlife-vehicle collisions.
A grant received under the pilot program shall be administered by—
in the case of a grant to a Federal land management agency or an Indian tribe (as defined in section 207(m)(1), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602))), the Federal Highway Administration, through an agreement; and
in the case of a grant to an eligible entity other than an eligible entity described in clause (i), the State highway agency, or an equivalent of that agency, for the State in which the project is to be carried out.
A grant received under the pilot program may be used to provide funds to eligible partners of the project for which the grant was received described in clause (ii), in accordance with the terms of the project agreement.
Eligible partners described
The eligible partners referred to in clause (i) include—
a Federal land management agency;
a foundation, nongovernmental organization, or institution of higher education;
a Federal, Tribal, regional, or State government entity; and
a group of any of the entities described in subclauses (I) through (VIII).
An eligible entity that receives a grant under the pilot program and enters into a partnership described in paragraph (2) shall establish measures to verify that an eligible partner that receives funds from the grant complies with the conditions of the pilot program in using those funds.
The Secretary shall ensure that not less than 60 percent of the amounts made available for grants under the pilot program each fiscal year are for projects located in rural areas.
Annual report to Congress
Not later than December 31 of each calendar year, the Secretary shall submit to Congress, and make publicly available, a report describing the activities under the pilot program for the fiscal year that ends during that calendar year.
The report under paragraph (1) shall include—
a detailed description of the activities carried out under the pilot program;
an evaluation of the effectiveness of the pilot program in meeting the purposes described in subsection (b); and
policy recommendations to improve the effectiveness of the pilot program.
171. Wildlife crossings pilot program. .
Wildlife vehicle collision reduction and habitat connectivity improvement
Chapter 1 of title 23, United States Code (as amended by subsection (b)(1)), is amended by adding at the end the following:
Wildlife-vehicle collision reduction and habitat connectivity improvement
The Secretary shall conduct a study (referred to in this subsection as the study) of the state, as of the date of the study, of the practice of methods to reduce collisions between motorists and wildlife (referred to in this section as wildlife-vehicle collisions).
The study shall—
update and expand on, as appropriate—
the report entitled Wildlife Vehicle Collision Reduction Study: 2008 Report to Congress ; and
the document entitled Wildlife Vehicle Collision Reduction Study: Best Practices Manual and dated October 2008; and
an assessment, as of the date of the study, of—
the causes of wildlife-vehicle collisions;
the impact of wildlife-vehicle collisions on motorists and wildlife; and
the impacts of roads and traffic on habitat connectivity for terrestrial and aquatic species; and
solutions and best practices for—
reducing wildlife-vehicle collisions; and
improving habitat connectivity for terrestrial and aquatic species.
In carrying out the study, the Secretary shall—
conduct a thorough review of research and data relating to—
wildlife-vehicle collisions; and
habitat fragmentation that results from transportation infrastructure;
survey current practices of the Department of Transportation and State departments of transportation to reduce wildlife-vehicle collisions; and
consult with—
appropriate experts in the field of wildlife-vehicle collisions; and
appropriate experts on the effects of roads and traffic on habitat connectivity for terrestrial and aquatic species.
Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to Congress a report on the results of the study.
The report under subparagraph (A) shall include—
a description of—
the impacts of wildlife-vehicle collisions; and
the impacts of roads and traffic on—
species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
species identified by States as species of greatest conservation need;
species identified in State wildlife plans; and
medium and small terrestrial and aquatic species;
an economic evaluation of the costs and benefits of installing highway infrastructure and other measures to mitigate damage to terrestrial and aquatic species, including the effect on jobs, property values, and economic growth to society, adjacent communities, and landowners;
recommendations for preventing wildlife-vehicle collisions, including recommended best practices, funding resources, or other recommendations for addressing wildlife-vehicle collisions; and
guidance, developed in consultation with Federal land management agencies and State departments of transportation, State fish and wildlife agencies, and Tribal governments that agree to participate, for developing, for each State that agrees to participate, a voluntary joint statewide transportation and wildlife action plan—
to address wildlife-vehicle collisions; and
to improve habitat connectivity for terrestrial and aquatic species.
Workforce development and technical training
Not later than 3 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall, based on the study conducted under subsection (a), develop a series of in-person and online workforce development and technical training courses—
to reduce wildlife-vehicle collisions; and
make the series of courses developed under paragraph (1) available for transportation and fish and wildlife professionals; and
update the series of courses not less frequently than once every 2 years.
Standardization of wildlife collision and carcass data
Standardized methodology
The Secretary, acting through the Administrator of the Federal Highway Administration (referred to in this subsection as the Secretary), shall develop a quality standardized methodology for collecting and reporting spatially accurate wildlife collision and carcass data for the National Highway System, considering the practicability of the methodology with respect to technology and cost.
In developing the standardized methodology under subparagraph (A), the Secretary shall—
survey existing methodologies and sources of data collection, including the Fatality Analysis Reporting System, the General Estimates System of the National Automotive Sampling System, and the Highway Safety Information System; and
to the extent practicable, identify and correct limitations of those existing methodologies and sources of data collection.
In developing the standardized methodology under subparagraph (A), the Secretary shall consult with—
the Secretary of the Interior;
the Secretary of Agriculture, acting through the Chief of the Forest Service;
Tribal, State, and local transportation and wildlife authorities;
metropolitan planning organizations (as defined in section 134(b));
members of the American Association of State Highway Transportation Officials;
members of the Association of Fish and Wildlife Agencies;
experts in the field of wildlife-vehicle collisions;
nongovernmental organizations; and
other interested stakeholders, as appropriate.
Standardized national data system with voluntary template implementation
develop a template for State implementation of a standardized national wildlife collision and carcass data system for the National Highway System that is based on the standardized methodology developed under paragraph (1); and
encourage the voluntary implementation of the template developed under subparagraph (A).
The Secretary shall submit to Congress a report describing the standardized methodology developed under paragraph (1) not later than the later of—
the date that is 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021; and
the date that is 180 days after the date on which the Secretary completes the development of the standardized methodology.
Not later than 4 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to Congress a report describing—
the status of the voluntary implementation of the standardized methodology developed under paragraph (1) and the template developed under paragraph (2)(A);
whether the implementation of the standardized methodology developed under paragraph (1) and the template developed under paragraph (2)(A) has impacted efforts by States, units of local government, and other entities—
to reduce the number of wildlife-vehicle collisions; and
to improve habitat connectivity;
the degree of the impact described in clause (ii); and
the recommendations of the Secretary, including recommendations for further study aimed at reducing motorist collisions involving wildlife and improving habitat connectivity for terrestrial and aquatic species on the National Highway System, if any.
National threshold guidance
establish guidance, to be carried out by States on a voluntary basis, that contains a threshold for determining whether a highway shall be evaluated for potential mitigation measures to reduce wildlife-vehicle collisions and increase habitat connectivity for terrestrial and aquatic species, taking into consideration—
the number of wildlife-vehicle collisions on the highway that pose a human safety risk;
highway-related mortality and the effects of traffic on the highway on—
species listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
species identified by a State as species of greatest conservation need;
medium and small terrestrial and aquatic species; and
habitat connectivity values for terrestrial and aquatic species and the barrier effect of the highway on the movements and migrations of those species.
The analysis for chapter 1 of title 23, United States Code (as amended by subsection (b)(2)) is amended by inserting after the item relating to section 171 the following:
172. Wildlife-vehicle collision reduction and habitat connectivity improvement. .
Wildlife crossings standards
Section 109(c)(2) of title 23, United States Code, is amended—
by redesignating subparagraph (F) as subparagraph (G); and
by inserting after subparagraph (E) the following:
the publication of the Federal Highway Administration entitled Wildlife Crossing Structure Handbook: Design and Evaluation in North America and dated March 2011; and
Wildlife habitat connectivity and national bridge and tunnel inventory and inspection standards
in subparagraph (B), by inserting , resilience, after safety ;
in subparagraph (D), by striking and at the end;
in subparagraph (E), by striking the period at the end and inserting ; and ; and
to ensure adequate passage of aquatic and terrestrial species, where appropriate.
determine if the replacement or rehabilitation of bridges and tunnels should include measures to enable safe and unimpeded movement for terrestrial and aquatic species.
in subsection (i), by adding at the end the following:
The first revision under paragraph (2) after the date of enactment of the Surface Transportation Reauthorization Act of 2021 shall include techniques to assess passage of aquatic and terrestrial species and habitat restoration potential.
Consolidation of programs
Section 1519(a) of MAP–21 (Public Law 112–141; 126 Stat. 574; 129 Stat. 1423) is amended, in the matter preceding paragraph (1), by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 .
GAO report
Section 1433 of the FAST Act (23 U.S.C. 101 note; Public Law 114–94) is repealed.
The table of contents in section 1(b) of the FAST Act (Public Law 114–94; 129 Stat. 1312) is amended by striking the item relating to section 1433.
in subsection (a), by striking paragraphs (1) and (2) and inserting the following:
for the Puerto Rico highway program under subsection (b)—
$173,010,000 shall be for fiscal year 2022;
$183,675,000 shall be for fiscal year 2025; and
for the territorial highway program under subsection (c)—
$45,990,000 shall be for fiscal year 2022;
$48,825,000 shall be for fiscal year 2025; and
$49,770,000 shall be for fiscal year 2026.
in subsection (b)(2)(C)(iii), by inserting and preventative maintenance on the National Highway System after chapter 1 ; and
in subsection (c)(7), by striking paragraphs (1) through (4) of section 133(c) and section 133(b)(12) and inserting paragraphs (1), (2), (3), and (5) of section 133(c) and section 133(b)(13) .
Section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114–94) is amended—
in subsection (c)(3), by striking $25,000,000 and all that follows through the period at the end and inserting $12,500,000. ;
by striking the subsection designation and heading and all that follows through The Federal in paragraph (1) and inserting the following:
Cost share
Except as provided in subparagraph (B), the Federal
Tribal projects
In the case of a project on a tribal transportation facility (as defined in section 101(a) of title 23, United States Code), the Federal share of the cost of the project shall be 100 percent.
in paragraph (2), by striking other than those made available under title 23 or title 49, United States Code, ; and
by striking subsection (h) and inserting the following:
For each fiscal year, of the amounts made available to carry out this section—
50 percent shall be used for eligible projects on Federal lands transportation facilities and Federal lands access transportation facilities (as those terms are defined in section 101(a) of title 23, United States Code); and
50 percent shall be used for eligible projects on tribal transportation facilities (as defined in section 101(a) of title 23, United States Code).
Not less than 1 eligible project carried out using the amount described in paragraph (1)(A) shall be in a unit of the National Park System with not less than 3,000,000 annual visitors.
Amounts made available to carry out this section shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.
Tribal high priority projects program
Section 1123(h) of MAP–21 (23 U.S.C. 202 note; Public Law 112–141) is amended—
in paragraph (3) (as so redesignated), in the matter preceding subparagraph (A), by striking paragraph (1) and inserting paragraphs (1) and (2) ; and
by striking the subsection designation and heading and all that follows through the period at the end of paragraph (1) and inserting the following:
For each of fiscal years 2022 through 2026, of the amounts made available to carry out the tribal transportation program under section 202 of title 23, United States Code, for that fiscal year, the Secretary shall use $9,000,000 to carry out the program.
In addition to amounts made available under paragraph (1), there is authorized to be appropriated $30,000,000 out of the general fund of the Treasury to carry out the program for each of fiscal years 2022 through 2026.
by striking (d) On any and inserting the following:
Manual on Uniform Traffic Control Devices
On any
in paragraph (1) (as so designated), by striking promote the safe and inserting promote the safety, inclusion, and mobility of all users ; and
Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and not less frequently than every 4 years thereafter, the Secretary shall update the Manual on Uniform Traffic Control Devices.
in subsection (o)—
by striking Projects and inserting:
by inserting at the end the following:
Local jurisdictions
Notwithstanding subparagraph (A), a local jurisdiction may use a roadway design guide recognized by the Federal Highway Administration and adopted by the local jurisdiction that is different from the roadway design guide used by the State in which the local jurisdiction is located for the design of projects on all roadways under the ownership of the local jurisdiction (other than a highway on the National Highway System) for which the local jurisdiction is the project sponsor, provided that the design complies with all other applicable Federal laws.
Electric vehicle charging infrastructure installed using funds provided under this title shall provide, at a minimum—
non-proprietary charging connectors that meet applicable industry safety standards; and
open access to payment methods that are available to all members of the public to ensure secure, convenient, and equal access to the electric vehicle charging infrastructure that shall not be limited by membership to a particular payment provider.
Notwithstanding any other provision of law, a project to install electric vehicle charging infrastructure using funds provided under this title shall be treated as if the project is located on a Federal-aid highway.
Section 142(a) of title 23, United States Code, is amended by adding at the end the following:
Bus corridors
In addition to the projects described in paragraphs (1) and (2), the Secretary may approve payment from sums apportioned under paragraph (2) or (7) of section 104(b) for carrying out a capital project for the construction of a bus rapid transit corridor or dedicated bus lanes, including the construction or installation of—
traffic signaling and prioritization systems;
redesigned intersections that are necessary for the establishment of a bus rapid transit corridor;
on-street stations;
fare collection systems;
information and wayfinding systems; and
depots.
Technical correction
Section 142 of title 23, United States Code, is amended by striking subsection (i).
Reservation of certain funds
Open container requirements
in the paragraph heading, by striking 2012 and inserting 2022 ;
by striking subparagraph (A) and inserting the following:
Reservation of funds
On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph (3).
States described
A State referred to in clause (i) is a State—
that has not enacted or is not enforcing an open container law described in subsection (b); and
for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing an open container law described in subsection (b).
in subparagraph (B), in the matter preceding clause (i), by striking subparagraph (A) and inserting subparagraph (A)(i) .
Repeat intoxicated driver laws
that has not enacted or is not enforcing a repeat intoxicated driver law; and
for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing a repeat intoxicated driver law.
Chapter 1 of title 23, United States Code (as amended by section 11123(c)(1)), is amended by adding at the end the following:
The term program means the program established under subsection (b)(1).
The term rural area means an area that is outside an urbanized area with a population of over 200,000.
The Secretary shall establish a rural surface transportation grant program to provide grants, on a competitive basis, to eligible entities to improve and expand the surface transportation infrastructure in rural areas.
to increase connectivity;
to improve the safety and reliability of the movement of people and freight; and
to generate regional economic growth and improve quality of life.
retain not more than a total of 2 percent of the funds made available to carry out the program and to review applications for grants under the program; and
transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under the program.
The Secretary may make a grant under the program to—
a State;
a regional transportation planning organization;
a Tribal government or a consortium of Tribal governments; and
a multijurisdictional group of entities described in paragraphs (1) through (4).
To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require.
Except as provided in paragraph (2), the Secretary may make a grant under the program only for a project that is—
a highway, bridge, or tunnel project eligible under section 119(d);
a highway, bridge, or tunnel project eligible under section 133(b);
a project eligible under section 202(a);
a highway freight project eligible under section 167(h)(5);
a highway safety improvement project, including a project to improve a high risk rural road (as those terms are defined in section 148(a));
a project on a publicly-owned highway or bridge that provides or increases access to an agricultural, commercial, energy, or intermodal facility that supports the economy of a rural area; or
a project to develop, establish, or maintain an integrated mobility management system, a transportation demand management system, or on-demand mobility services.
Bundling of eligible projects
An eligible entity may bundle 2 or more similar eligible projects under the program that are—
included as a bundled project in a statewide transportation improvement program under section 135; and
awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and the eligible entity.
Itemization
Notwithstanding any other provision of law (including regulations), a bundling of eligible projects under this paragraph may be considered to be a single project, including for purposes of section 135.
An eligible entity may use funds from a grant under the program for—
development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and
construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements.
The Secretary may provide a grant under the program to an eligible project only if the Secretary determines that the project—
will generate regional economic, mobility, or safety benefits;
will be cost effective;
will contribute to the accomplishment of 1 or more of the national goals under section 150;
is based on the results of preliminary engineering; and
is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project.
In providing grants under the program, the Secretary shall consider the extent to which an eligible project will—
improve the state of good repair of existing highway, bridge, and tunnel facilities;
increase the capacity or connectivity of the surface transportation system and improve mobility for residents of rural areas;
address economic development and job creation challenges, including energy sector job losses in energy communities as identified in the report released in April 2021 by the interagency working group established by section 218 of Executive Order 14008 (86 Fed. Reg. 7628 (February 1, 2021));
enhance recreational and tourism opportunities by providing access to Federal land, national parks, national forests, national recreation areas, national wildlife refuges, wilderness areas, or State parks;
contribute to geographic diversity among grant recipients;
utilize innovative project delivery approaches or incorporate transportation technologies;
coordinate with projects to address broadband infrastructure needs; or
improve access to emergency care, essential services, healthcare providers, or drug and alcohol treatment and rehabilitation resources.
Grant amount
Except as provided in subsection (k)(1), a grant under the program shall be in an amount that is not less than $25,000,000.
Except as provided in paragraph (2), the Federal share of the cost of a project carried out with a grant under the program may not exceed 80 percent.
Federal share for certain projects
The Federal share of the cost of an eligible project that furthers the completion of a designated segment of the Appalachian Development Highway System under section 14501 of title 40, or addresses a surface transportation infrastructure need identified for the Denali access system program under section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277) shall be up to 100 percent, as determined by the State.
Use of other Federal assistance
Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project carried out with a grant under the program.
Set asides
The Secretary shall use not more than 10 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects in an amount that is less than $25,000,000.
Appalachian development highway system
The Secretary shall reserve 25 percent of the amounts made available for the program for each fiscal year for eligible projects that further the completion of designated routes of the Appalachian Development Highway System under section 14501 of title 40.
Rural roadway lane departures
The Secretary shall reserve 15 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects located in States that have rural roadway fatalities as a result of lane departures that are greater than the average of rural roadway fatalities as a result of lane departures in the United States, based on the latest available data from the Secretary.
Excess funding
In any fiscal year in which qualified applications for grants under this subsection do not allow for the amounts reserved under paragraphs (1), (2), or (3) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under the program.
Congressional review
Not less than 60 days before providing a grant under the program, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—
a list of all applications determined to be eligible for a grant by the Secretary;
each application proposed to be selected for a grant, including a justification for the selection; and
proposed grant amounts.
Committee review
Before the last day of the 60-day period described in paragraph (1), each Committee described in paragraph (1) shall review the list of proposed projects submitted by the Secretary.
Congressional disapproval
The Secretary may not make a grant or any other obligation or commitment to fund a project under the program if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1).
Not later than 30 days after providing a grant for a project under the program, the Secretary shall provide to all applicants, and publish on the website of the Department of Transportation, the information described in subsection (l)(1).
The Secretary shall provide, on the request of an eligible entity, the opportunity to receive a briefing to explain any reasons the eligible entity was not selected to receive a grant under the program.
The Secretary shall make available on the website of the Department of Transportation at the end of each fiscal year an annual report that lists each project for which a grant has been provided under the program during that fiscal year.
The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the awarding of grants under the program for each fiscal year.
Each fiscal year, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for the fiscal year—
the adequacy and fairness of the process by which each project was selected, if applicable; and
the justification and criteria used for the selection of each project, if applicable.
The analysis for chapter 1 of title 23, United States Code (as amended by section 11123(c)(2)), is amended by inserting after the item relating to section 172 the following:
173. Rural surface transportation grant program.
Bicycle transportation and pedestrian walkways
by striking pedestrian walkways and bicycle and inserting pedestrian walkways and bicycle and shared micromobility ; and
by striking safe bicycle use and inserting safe access for bicyclists and pedestrians ;
in subsection (d), by striking a position and inserting up to 2 positions ;
in subsection (e), by striking bicycles each place it appears and inserting pedestrians or bicyclists ;
in subsection (f), by striking and a bicycle and inserting or a bicycle or shared micromobility ; and
in subsection (j), by striking paragraph (2) and inserting the following:
The term electric bicycle means a bicycle—
equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts;
that can safely share a bicycle transportation facility with other users of such facility; and
that is a class 1 electric bicycle, class 2 electric bicycle, or class 3 electric bicycle.
Classes of electric bicycles
Class 1 electric bicycle
For purposes of subparagraph (A)(iii), the term class 1 electric bicycle means an electric bicycle, other than a class 3 electric bicycle, equipped with a motor that—
provides assistance only when the rider is pedaling; and
ceases to provide assistance when the speed of the bicycle reaches or exceeds 20 miles per hour.
For purposes of subparagraph (A)(iii), the term class 2 electric bicycle means an electric bicycle equipped with a motor that—
may be used exclusively to propel the bicycle; and
is not capable of providing assistance when the speed of the bicycle reaches or exceeds 20 miles per hour.
Recreational trails program
Section 206 of title 23, United States Code, is amended by adding at the end the following:
Use of other apportioned funds
Funds apportioned to a State under section 104(b) that are obligated for a recreational trail or a related project shall be administered as if the funds were made available to carry out this section.
Updates to Manual on Uniform Traffic Control Devices
In carrying out the first update to the Manual on Uniform Traffic Control Devices under section 109(d)(2) of title 23, United States Code, to the greatest extent practicable, the Secretary shall include updates necessary to provide for—
the protection of vulnerable road users (as defined in section 148(a) of title 23, United States Code);
supporting the safe testing of automated vehicle technology and any preparation necessary for the safe integration of automated vehicles onto public streets;
appropriate use of variable message signs to enhance public safety;
the minimum retroreflectivity of traffic control devices and pavement markings; and
any additional recommendations made by the National Committee on Uniform Traffic Control Devices that have not been incorporated into the Manual on Uniform Traffic Control Devices.
Planning and performance management
Metropolitan transportation planning
In designating officials or representatives under paragraph (2) for the first time, subject to the bylaws or enabling statute of the metropolitan planning organization, the metropolitan planning organization shall consider the equitable and proportional representation of the population of the metropolitan planning area.
by striking an existing metropolitan planning area and inserting an existing urbanized area (as defined by the Bureau of the Census) ; and
by striking the existing metropolitan planning area and inserting the area ;
in paragraph (1), by striking a metropolitan area and inserting an urbanized area (as defined by the Bureau of the Census) ; and
Coordination between MPOs
If more than 1 metropolitan planning organization is designated within an urbanized area (as defined by the Bureau of the Census) under subsection (d)(7), the metropolitan planning organizations designated within the area shall ensure, to the maximum extent practicable, the consistency of any data used in the planning process, including information used in forecasting travel demand.
Nothing in this subsection requires metropolitan planning organizations designated within a single urbanized area to jointly develop planning documents, including a unified long-range transportation plan or unified TIP.
in subsection (i)(6), by adding at the end the following:
Use of technology
A metropolitan planning organization may use social media and other web-based tools—
to further encourage public participation; and
to solicit public feedback during the transportation planning process.
in subsection (p), by striking paragraphs (5)(D) and (6) of section 104(b) of this title and inserting section 104(b)(6) .
Statewide and nonmetropolitan transportation planning
Section 135(f)(3) of title 23, United States Code, is amended by adding at the end the following:
A State may use social media and other web-based tools—
Conforming amendment
Section 135(i) of title 23, United States Code, is amended by striking paragraphs (5)(D) and (6) of section 104(b) of this title and inserting section 104(b)(6) .
Housing coordination
in subsection (a)(1), by inserting better connect housing and employment, after urbanized areas ;
in subsection (g)(3)(A), by inserting housing, after economic development, ;
in subsection (h)(1)(E), by inserting , housing, after growth ;
in subsection (i)—
by redesignating clauses (iii) through (vi) as clauses (iv) through (vii), respectively; and
by inserting after clause (ii) the following:
assumed distribution of population and housing;
in paragraph (6)(A), by inserting affordable housing organizations, after disabled, ; and
in subsection (k)—
by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
Housing coordination process
Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section may address the integration of housing, transportation, and economic development strategies through a process that provides for effective integration, based on a cooperatively developed and implemented strategy, of new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49.
Coordination in integrated planning process
In carrying out the process described in subparagraph (A), a metropolitan planning organization may—
State and local entities responsible for land use, economic development, housing, management of road networks, or public transportation; and
other appropriate public or private entities; and
coordinate, to the extent practicable, with applicable State and local entities to align the goals of the process with the goals of any comprehensive housing affordability strategies established within the metropolitan planning area pursuant to section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) and plans developed under section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c–1).
Housing coordination plan
A metropolitan planning organization serving a transportation management area may develop a housing coordination plan that includes projects and strategies that may be considered in the metropolitan transportation plan of the metropolitan planning organization.
A plan described in clause (i) may—
develop regional goals for the integration of housing, transportation, and economic development strategies to—
better connect housing and employment while mitigating commuting times;
align transportation improvements with housing needs, such as housing supply shortages, and proposed housing development;
align planning for housing and transportation to address needs in relationship to household incomes within the metropolitan planning area;
expand housing and economic development within the catchment areas of existing transportation facilities and public transportation services when appropriate, including higher-density development, as locally determined;
manage effects of growth of vehicle miles traveled experienced in the metropolitan planning area related to housing development and economic development;
(ff)
increase share of households with sufficient and affordable access to the transportation networks of the metropolitan planning area;
identify the location of existing and planned housing and employment, and transportation options that connect housing and employment; and
include a comparison of transportation plans to land use management plans, including zoning plans, that may affect road use, public transportation ridership, and housing development.
Fiscal constraint on long-range transportation plans
Not later than 1 year after the date of enactment of this Act, the Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of Federal Regulations, to ensure that the outer years of a metropolitan transportation plan are defined as beyond the first 4 years .
State human capital plans
Chapter 1 of title 23, United States Code (as amended by section 11132(a)), is amended by adding at the end the following:
Not later than 18 months after the date of enactment of this section, the Secretary shall encourage each State to develop a voluntary plan, to be known as a human capital plan , that provides for the immediate and long-term personnel and workforce needs of the State with respect to the capacity of the State to deliver transportation and public infrastructure eligible under this title.
A human capital plan developed by a State under subsection (a) shall, to the maximum extent practicable, take into consideration—
significant transportation workforce trends, needs, issues, and challenges with respect to the State;
the human capital policies, strategies, and performance measures that will guide the transportation-related workforce investment decisions of the State;
coordination with educational institutions, industry, organized labor, workforce boards, and other agencies or organizations to address the human capital transportation needs of the State;
a workforce planning strategy that identifies current and future human capital needs, including the knowledge, skills, and abilities needed to recruit and retain skilled workers in the transportation industry;
a human capital management strategy that is aligned with the transportation mission, goals, and organizational objectives of the State;
an implementation system for workforce goals focused on addressing continuity of leadership and knowledge sharing across the State;
an implementation system that addresses workforce competency gaps, particularly in mission-critical occupations;
in the case of public-private partnerships or other alternative project delivery methods to carry out the transportation program of the State, a description of workforce needs—
to ensure that the transportation mission, goals, and organizational objectives of the State are fully carried out; and
to ensure that procurement methods provide the best public value;
a system for analyzing and evaluating the performance of the State department of transportation with respect to all aspects of human capital management policies, programs, and activities; and
the manner in which the plan will improve the ability of the State to meet the national policy in support of performance management established under section 150.
Planning period
If a State develops a human capital plan under subsection (a), the plan shall address a 5-year forecast period.
If a State develops a human capital plan under subsection (a), the State shall update the plan not less frequently than once every 5 years.
Relationship to long-range plan
Subject to paragraph (2), a human capital plan developed by a State under subsection (a) may be developed separately from, or incorporated into, the long-range statewide transportation plan required under section 135.
Effect of section
Nothing in this section requires a State, or authorizes the Secretary to require a State, to incorporate a human capital plan into the long-range statewide transportation plan required under section 135.
Public availability
Each State that develops a human capital plan under subsection (a) shall make a copy of the plan available to the public in a user-friendly format on the website of the State department of transportation.
Nothing in this section prevents a State from carrying out transportation workforce planning—
not described in this section; or
not in accordance with this section.
The analysis for chapter 1 of title 23, United States Code (as amended by section 11132(b)), is amended by inserting after the item relating to section 173 the following:
174. State human capital plans.
The term eligible entity means any of the following:
A metropolitan planning organization that serves an area with a population of over 200,000.
A State.
The term metropolitan planning organization has the meaning given the term in section 134(b) of title 23, United States Code.
The term prioritization process pilot program means the pilot program established under subsection (b)(1).
The Secretary shall establish and solicit applications for a prioritization process pilot program.
The purpose of the prioritization process pilot program shall be to support data-driven approaches to planning that, on completion, can be evaluated for public benefit.
Pilot program administration
An eligible entity participating in the prioritization process pilot program shall—
use priority objectives that are developed—
in the case of an urbanized area with a population of over 200,000, by the metropolitan planning organization that serves the area, in consultation with the State;
in the case of an urbanized area with a population of 200,000 or fewer, by the State in consultation with all metropolitan planning organizations in the State; and
through a public process that provides an opportunity for public input;
assess and score projects and strategies on the basis of—
the contribution and benefits of the project or strategy to each priority objective developed under subparagraph (A);
the cost of the project or strategy relative to the contribution and benefits assessed and scored under clause (i); and
public support;
use the scores assigned under subparagraph (B) to guide project selection in the development of the transportation plan and transportation improvement program; and
ensure that the public—
has opportunities to provide public comment on projects before decisions are made on the transportation plan and the transportation improvement program; and
has access to clear reasons why each project or strategy was selected or not selected.
An eligible entity that receives a grant under the prioritization process pilot program shall use the funds as described in each of the following, as applicable:
In the case of a metropolitan planning organization that serves an area with a population of over 200,000, the entity shall—
develop and implement a publicly accessible, transparent prioritization process for the selection of projects for inclusion on the transportation plan for the metropolitan planning area under section 134(i) of title 23, United States Code, and section 5303(i) of title 49, United States Code, which shall—
include criteria identified by the metropolitan planning organization, which may be weighted to reflect the priority objectives developed under paragraph (1)(A), that the metropolitan planning organization has determined support—
factors described in section 134(h) of title 23, United States Code, and section 5303(h) of title 49, United States Code;
targets for national performance measures under section 150(b) of title 23, United States Code;
applicable transportation goals in the metropolitan planning area or State set by the applicable transportation agency; and
priority objectives developed under paragraph (1)(A);
evaluate the outcomes for each proposed project on the basis of the benefits of the proposed project with respect to each of the criteria described in subclause (I) relative to the cost of the proposed project; and
use the evaluation under subclause (II) to create a ranked list of proposed projects; and
with respect to the priority list under section 134(j)(2)(A) of title 23 and section 5303(j)(2)(A) of title 49, United States Code, include projects according to the rank of the project under clause (i)(III), except as provided in subparagraph (D).
Statewide transportation planning
In the case of a State, the State shall—
develop and implement a publicly accessible, transparent process for the selection of projects for inclusion on the long-range statewide transportation plan under section 135(f) of title 23, United States Code, which shall—
include criteria identified by the State, which may be weighted to reflect statewide priorities, that the State has determined support—
factors described in section 135(d) of title 23, United States Code, and section 5304(d) of title 49, United States Code;
national transportation goals under section 150(b) of title 23, United States Code;
applicable transportation goals in the State; and
the priority objectives developed under paragraph (1)(A);
with respect to the statewide transportation improvement program under section 135(g) of title 23, United States Code, and section 5304(g) of title 49, United States Code, include projects according to the rank of the project under clause (i)(III), except as provided in subparagraph (D).
Additional transportation planning
If the eligible entity has implemented, and has in effect, the requirements under subparagraph (A) or (B), as applicable, the eligible entity may use any remaining funds from a grant provided under the pilot program for any transportation planning purpose.
Exceptions to priority ranking
In the case of any project that the eligible entity chooses to include or not include in the transportation improvement program under section 134(j) of title 23, United States Code, or the statewide transportation improvement program under section 135(g) of title 23, United States Code, as applicable, in a manner that is contrary to the priority ranking for that project established under subparagraph (A)(i)(III) or (B)(i)(III), the eligible entity shall make publicly available an explanation for the decision, including—
a review of public comments regarding the project;
an evaluation of public support for the project;
an assessment of geographic balance of projects of the eligible entity; and
the number of projects of the eligible entity in economically distressed areas.
The maximum amount of a grant under the prioritization process pilot program is $2,000,000.
To be eligible to participate in the prioritization process pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
Travel demand data and modeling
Definition of metropolitan planning organization
In this section, the term metropolitan planning organization has the meaning given the term in section 134(b) of title 23, United States Code.
Not later than 2 years after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, the Secretary shall carry out a study that—
gathers travel data and travel demand forecasts from a representative sample of States and metropolitan planning organizations;
uses the data and forecasts gathered under subparagraph (A) to compare travel demand forecasts with the observed data, including—
traffic counts;
travel mode share and public transit ridership; and
vehicle occupancy measures; and
uses the information described in subparagraphs (A) and (B)—
to develop best practices or guidance for States and metropolitan planning organizations to use in forecasting travel demand for future investments in transportation improvements;
to evaluate the impact of transportation investments, including new roadway capacity, on travel behavior and travel demand, including public transportation ridership, induced highway travel, and congestion;
to support more accurate travel demand forecasting by States and metropolitan planning organizations; and
to enhance the capacity of States and metropolitan planning organizations—
to forecast travel demand; and
to track observed travel behavior responses, including induced travel, to changes in transportation capacity, pricing, and land use patterns.
Secretarial support
The Secretary shall seek opportunities to support the transportation planning processes under sections 134 and 135 of title 23, United States Code, through the provision of data to States and metropolitan planning organizations to improve the quality of plans, models, and forecasts described in this subsection.
The Secretary shall develop a publicly available multimodal web-based tool for the purpose of enabling States and metropolitan planning organizations to evaluate the effect of investments in highway and public transportation projects on the use and conditions of all transportation assets within the State or area served by the metropolitan planning organization, as applicable.
Increasing safe and accessible transportation options
Definition of Complete Streets standards or policies
In this section, the term Complete Streets standards or policies means standards or policies that ensure the safe and adequate accommodation of all users of the transportation system, including pedestrians, bicyclists, public transportation users, children, older individuals, individuals with disabilities, motorists, and freight vehicles.
Funding requirement
Notwithstanding any other provision of law, each State and metropolitan planning organization shall use to carry out 1 or more activities described in subsection (c)—
in the case of a State, not less than 2.5 percent of the amounts made available to the State to carry out section 505 of title 23, United States Code; and
in the case of a metropolitan planning organization, not less than 2.5 percent of the amounts made available to the metropolitan planning organization under section 104(d) of title 23, United States Code.
Activities described
An activity referred to in subsection (b) is an activity to increase safe and accessible options for multiple travel modes for people of all ages and abilities, which, if permissible under applicable State and local laws, may include—
adoption of Complete Streets standards or policies;
development of a Complete Streets prioritization plan that identifies a specific list of Complete Streets projects to improve the safety, mobility, or accessibility of a street;
development of transportation plans—
to create a network of active transportation facilities, including sidewalks, bikeways, or pedestrian and bicycle trails, to connect neighborhoods with destinations such as workplaces, schools, residences, businesses, recreation areas, healthcare and child care services, or other community activity centers;
to integrate active transportation facilities with public transportation service or improve access to public transportation;
to create multiuse active transportation infrastructure facilities, including bikeways or pedestrian and bicycle trails, that make connections within or between communities;
to increase public transportation ridership; and
to improve the safety of bicyclists and pedestrians;
regional and megaregional planning to address travel demand and capacity constraints through alternatives to new highway capacity, including through intercity passenger rail; and
development of transportation plans and policies that support transit-oriented development.
The Federal share of the cost of an activity carried out under this section shall be 80 percent, unless the Secretary determines that the interests of the Federal-aid highway program would be best served by decreasing or eliminating the non-Federal share.
State flexibility
A State or metropolitan planning organization, with the approval of the Secretary, may opt out of the requirements of this section if the State or metropolitan planning organization demonstrates to the Secretary, by not later than 30 days before the Secretary apportions funds for a fiscal year under section 104, that the State or metropolitan planning organization—
has Complete Streets standards and policies in place; and
has developed an up-to-date Complete Streets prioritization plan as described in subsection (c)(2).
Project delivery and process improvement
Codification of One Federal Decision
in the section heading, by striking decisionmaking and inserting decisionmaking and One Federal Decision ;
by redesignating paragraphs (2) through (8) as paragraphs (4), (5), (6), (8), (9), (10), and (11), respectively;
The term authorization means any environmental license, permit, approval, finding, or other administrative decision related to the environmental review process that is required under Federal law to site, construct, or reconstruct a project.
Environmental document
The term environmental document includes an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
in subparagraph (B) of paragraph (5) (as so redesignated), by striking process for and completion of any environmental permit and inserting process and schedule, including a timetable for and completion of any environmental permit ; and
by inserting after paragraph (6) (as so redesignated) the following:
The term major project means a project for which—
multiple permits, approvals, reviews, or studies are required under a Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
the project sponsor has identified the reasonable availability of funds sufficient to complete the project;
the project is not a covered project (as defined in section 41001 of the FAST Act (42 U.S.C. 4370m)); and
the head of the lead agency has determined that an environmental impact statement is required; or
the head of the lead agency has determined that an environmental assessment is required, and the project sponsor requests that the project be treated as a major project.
In this section, the term major project does not have the same meaning as the term major project as described in section 106(h).
in subsection (b)(1)—
by inserting , including major projects, after all projects ; and
by inserting as requested by a project sponsor and after applied, ;
in subparagraph (B), by striking and at the end;
in subparagraph (C), by striking the period at the end and inserting ; and ; and
to calculate annually the average time taken by the lead agency to complete all environmental documents for each project during the previous fiscal year.
Process improvements for projects
The Secretary shall review—
existing practices, procedures, rules, regulations, and applicable laws to identify impediments to meeting the requirements applicable to projects under this section; and
best practices, programmatic agreements, and potential changes to internal departmental procedures that would facilitate an efficient environmental review process for projects.
In conducting the review under subparagraph (A), the Secretary shall consult, as appropriate, with the heads of other Federal agencies that participate in the environmental review process.
Not later than 2 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
the results of the review under subparagraph (A); and
an analysis of whether additional funding would help the Secretary meet the requirements applicable to projects under this section.
in the paragraph heading, by striking NEPA and inserting environmental ;
by inserting and except as provided in subparagraph (D) after paragraph (7) ;
by striking permits and inserting authorizations ; and
by striking single environment document and inserting single environmental document for each kind of environmental document ;
in subparagraph (B)(i)—
by striking an environmental document and inserting environmental documents ; and
by striking permits issued and inserting authorizations ; and
The lead agency may waive the application of subparagraph (A) with respect to a project if—
the project sponsor requests that agencies issue separate environmental documents;
the obligations of a cooperating agency or participating agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have already been satisfied with respect to the project; or
the lead agency determines that reliance on a single environmental document (as described in subparagraph (A)) would not facilitate timely completion of the environmental review process for the project.
Timely authorizations for major projects
Except as provided in subparagraph (C), all authorization decisions necessary for the construction of a major project shall be completed by not later than 90 days after the date of the issuance of a record of decision for the major project.
The final environmental impact statement for a major project shall include an adequate level of detail to inform decisions necessary for the role of the participating agencies and cooperating agencies in the environmental review process.
Extension of deadline
The head of the lead agency may extend the deadline under subparagraph (A) if—
Federal law prohibits the lead agency or another agency from issuing an approval or permit within the period described in that subparagraph;
the project sponsor requests that the permit or approval follow a different timeline; or
an extension would facilitate completion of the environmental review and authorization process of the major project.
in subsection (g)(1)—
in clause (ii)(IV), by striking schedule for and cost of and inserting time required by an agency to conduct an environmental review and make decisions under applicable Federal law relating to a project (including the issuance or denial of a permit or license) and the cost of ; and
Major project schedule
To the maximum extent practicable and consistent with applicable Federal law, in the case of a major project, the lead agency shall develop, in concurrence with the project sponsor, a schedule for the major project that is consistent with an agency average of not more than 2 years for the completion of the environmental review process for major projects, as measured from, as applicable—
the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision; or
the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact.
by striking subparagraph (D) and inserting the following:
Except as provided in clause (ii), the lead agency may lengthen or shorten a schedule established under subparagraph (B) for good cause.
In the case of a major project, the lead agency may lengthen a schedule under clause (i) for a cooperating Federal agency by not more than 1 year after the latest deadline established for the major project by the lead agency.
Shortened schedules
The lead agency may not shorten a schedule under clause (i) if doing so would impair the ability of a cooperating Federal agency to conduct necessary analyses or otherwise carry out relevant obligations of the Federal agency for the project.
by redesignating subparagraph (E) as subparagraph (F); and
by inserting after subparagraph (D) the following:
Failure to meet deadline
If a cooperating Federal agency fails to meet a deadline established under subparagraph (D)(ii)(I)—
the cooperating Federal agency shall submit to the Secretary a report that describes the reasons why the deadline was not met; and
transmit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of the report under clause (i); and
make the report under clause (i) publicly available on the internet.
in subsection (n), by adding at the end the following:
Length of environmental document
Notwithstanding any other provision of law and except as provided in subparagraph (B), to the maximum extent practicable, the text of the items described in paragraphs (4) through (6) of section 1502.10(a) of title 40, Code of Federal Regulations (or successor regulations), of an environmental impact statement for a project shall be 200 pages or fewer.
An environmental impact statement for a project may exceed 200 pages, if the lead agency establishes a new page limit for the environmental impact statement for that project.
Accountability and reporting for major projects
The Secretary shall establish a performance accountability system to track each major project.
The performance accountability system under paragraph (1) shall, for each major project, track, at a minimum—
the environmental review process for the major project, including the project schedule;
whether the lead agency, cooperating agencies, and participating agencies are meeting the schedule established for the environmental review process; and
the time taken to complete the environmental review process.
Development of categorical exclusions
Not later than 60 days after the date of enactment of this subsection, and every 4 years thereafter, the Secretary shall—
in consultation with the agencies described in paragraph (2), identify the categorical exclusions described in section 771.117 of title 23, Code of Federal Regulations (or successor regulations), that would accelerate delivery of a project if those categorical exclusions were available to those agencies;
collect existing documentation and substantiating information on the categorical exclusions described in subparagraph (A); and
provide to each agency described in paragraph (2)—
a list of the categorical exclusions identified under subparagraph (A); and
the documentation and substantiating information under subparagraph (B).
Agencies described
The agencies referred to in paragraph (1) are—
the Department of the Interior;
the Department of the Army;
the Department of Commerce;
the Department of Agriculture;
the Department of Energy;
the Department of Defense; and
any other Federal agency that has participated in an environmental review process for a project, as determined by the Secretary.
Adoption of categorical exclusions
Not later than 1 year after the date on which the Secretary provides a list under paragraph (1)(C), an agency described in paragraph (2) shall publish a notice of proposed rulemaking to propose any categorical exclusions from the list applicable to the agency, subject to the condition that the categorical exclusion identified under paragraph (1)(A) meets the criteria for a categorical exclusion under section 1508.1 of title 40, Code of Federal Regulations (or successor regulations).
In a notice of proposed rulemaking under subparagraph (A), the applicable agency may solicit comments on whether any of the proposed new categorical exclusions meet the criteria for a categorical exclusion under section 1508.1 of title 40, Code of Federal Regulations (or successor regulations).
139. Efficient environmental reviews for project decisionmaking and One Federal Decision.
Work zone process reviews
The Secretary shall amend section 630.1008(e) of title 23, Code of Federal Regulations, to ensure that the work zone process review under that subsection is required not more frequently than once every 5 years.
Transportation management plans
The Secretary shall amend section 630.1010(c) of title 23, Code of Federal Regulations, to ensure that only a project described in that subsection with a lane closure for 3 or more consecutive days shall be considered to be a significant project for purposes of that section.
Non-Interstate projects
Notwithstanding any other provision of law, a State shall not be required to develop or implement a transportation management plan (as described in section 630.1012 of title 23, Code of Federal Regulations (or successor regulations)) for a highway project not on the Interstate System if the project requires not more than 3 consecutive days of lane closures.
Intelligent transportation systems
The Secretary shall develop guidance for using existing flexibilities with respect to the systems engineering analysis described in part 940 of title 23, Code of Federal Regulations (or successor regulations).
The Secretary shall ensure that any guidance developed under subsection (a)—
clearly identifies criteria for low-risk and exempt intelligent transportation systems projects, with a goal of minimizing unnecessary delay or paperwork burden;
is consistently implemented by the Department nationwide; and
is disseminated to Federal-aid recipients.
Nothing in this section prevents the Secretary from amending part 940 of title 23, Code of Federal Regulations (or successor regulations), to reduce State administrative burdens.
Alternative contracting methods
Alternative contracting methods for federal land management agencies and tribal governments
Notwithstanding any other provision of law (including the Federal Acquisition Regulation), a contracting method available to a State under this title may be used by the Secretary, on behalf of—
a Federal land management agency, in using any funds pursuant to section 203, 204, or 308;
a Federal land management agency, in using any funds pursuant to section 1535 of title 31 for any of the eligible uses described in sections 203(a)(1) and 204(a)(1) and paragraphs (1) and (2) of section 308(a); or
a Tribal government, in using funds pursuant to section 202(b)(7)(D).
Methods described
The contracting methods referred to in paragraph (1) shall include, at a minimum—
project bundling;
bridge bundling;
design-build contracting;
2-phase contracting;
long-term concession agreements; and
any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary.
Nothing in this subsection—
affects the application of the Federal share for the project carried out with a contracting method under this subsection; or
modifies the point of obligation of Federal salaries and expenses.
Cooperation with federal and state agencies and foreign countries
Notwithstanding any other provision of law (including the Federal Acquisition Regulation), in performing services under paragraph (1), the Secretary may use any contracting method available to a State under this title.
The contracting methods referred to in subparagraph (A) shall include, at a minimum—
Use of alternative contracting methods
In carrying out an alternative contracting method under section 201(f) or 308(a)(4) of title 23, United States Code, the Secretary shall—
in consultation with the applicable Federal land management agencies, establish clear procedures that are—
applicable to the alternative contracting method; and
to the maximum extent practicable, consistent with the requirements applicable to Federal procurement transactions;
solicit input on the use of the alternative contracting method from the affected industry prior to using the method; and
analyze and prepare an evaluation of the use of the alternative contracting method.
Flexibility for projects
in subsection (a), by striking and on request by a State, the Secretary may in the matter preceding paragraph (1) and all that follows through the period at the end of paragraph (2) and inserting the following: ", on request by a State, and if in the public interest (as determined by the Secretary), the Secretary shall exercise all existing flexibilities under—
the requirements of title 23, United States Code; and
other requirements administered by the Secretary, in whole or in part.
in subsection (b)(2)(A), by inserting (including regulations) after environmental law .
Improved Federal-State stewardship and oversight agreements
Definition of template
In this section, the term template means a template created by the Secretary for Federal-State stewardship and oversight agreements that—
includes all standard terms found in stewardship and oversight agreements, including any terms in an attachment to the agreement;
is developed in accordance with section 106 of title 23, United States Code, or any other applicable authority; and
may be developed with consideration of relevant regulations, guidance, or policies.
Request for comment
Not later than 60 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register the template and a notice requesting public comment on ways to improve the template.
Comment period
The Secretary shall provide a period of not less than 60 days for public comment on the notice under paragraph (1).
Certain issues
The notice under paragraph (1) shall allow comment on any aspect of the template and shall specifically request public comment on—
whether the template should be revised to delete standard terms requiring approval by the Secretary of the policies, procedures, processes, or manuals of the States, or other State actions, if Federal law (including regulations) does not specifically require an approval;
opportunities to modify the template to allow adjustments to the review schedules for State practices or actions, including through risk-based approaches, program reviews, process reviews, or other means; and
any other matters that the Secretary determines to be appropriate.
Notice of action; updates
Not later than 1 year after the date of enactment of this Act, after considering the comments received in response to the Federal Register notice under subsection (b), the Secretary shall publish in the Federal Register a notice that—
describes any proposed changes to be made, and any alternatives to such changes, to the template;
addresses comments in response to which changes were not made to the template; and
prescribes a schedule and a plan to execute a process for implementing the changes referred to in subparagraph (A).
Approval requirements
In addressing comments under paragraph (1)(B), the Secretary shall include an explanation of the basis for retaining any requirement for approval of State policies, procedures, processes, or manuals, or other State actions, if Federal law (including regulations) does not specifically require the approval.
Not later than 60 days after the date on which the notice under paragraph (1) is published, the Secretary shall make changes to the template in accordance with—
the changes described in the notice under paragraph (1)(A); and
the schedule and plan described in the notice under paragraph (1)(C).
Not later than 1 year after the date on which the revised template under subparagraph (A) is published, the Secretary shall update existing agreements with States according to the template updated under subparagraph (A).
Inclusion of non-standard terms
Nothing in this section precludes the inclusion in a Federal-State stewardship and oversight agreement of non-standard terms to address a State-specific matter, including risk-based stewardship and Department oversight involvement in individual projects of division interest.
Compliance with non-statutory terms
The Secretary shall not enforce or otherwise require a State to comply with approval requirements that are not required by Federal law (including regulations) in a Federal-State stewardship and oversight agreement.